HomeMy WebLinkAbout16-138 - ADMIN Resolution - City Council - 2016/10/17RESOLUTION NO. 16-138
RESOLUTION GRANTING VARIANCE FROM
SECTION 36-368(d)(2) OF THE ORDINANCE CODE RELATING TO
ZONING TO PERMIT A 34 -FOOT VARIANCE TO THE REQUIRED 140 -FOOT
SETBACK FOR A COMMUNICATION TOWER LOCATED IN THE R-1 SINGLE-
FAMILY RESIDENCE ZONING DISTRICT AT 2501 STATE HIGHWAY 100
BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota:
Findings
The City of St. Louis Park has applied for a variance from Section 36-368(d)(2) of the
Ordinance Code relating to zoning to allow a 106 -foot setback for a 140 -foot tall
communication tower for property located in the R-1 Single Family Residential Zoning
District at the following location, to -wit:
That part of the South %2 of the Northwest '/4 of Section 31, Township 29,
Range 24 lying east of State Highway No. 100, north of the south 330.00
feet thereof, and west of the east 450.00 feet thereof; also the west 233.58
feet of the east 450.00 of the north 500 feet of said South %2 of the Northwest
'/a
Subject to roads.
2. On October 5, 2016, the Planning Commission held a public hearing, received testimony
from the public, discussed the application and moved approval of a 34 -foot variance to
allow a 106 -foot setback instead of the required 140 -feet.
The Planning Commission considered the effect of the proposed variance upon the health,
safety and welfare of the community, existing and anticipated traffic conditions, light and
air, danger of fire, risk to the public safety, the effect on values of property in the
surrounding area, and the effect of the proposed variance upon the Comprehensive Plan.
The structural integrity of the antenna and its low profile atop a much larger existing
structure creates no known health, safety, or welfare concerns to occupants of surrounding
lands. Additionally, the antenna is co -locating on an existing light pole, thereby
minimizing the impact on the school property and adjacent residential properties.
4. Because of conditions on the subject property and surrounding property, it is possible to
use the property in such a way that the proposed variance will not impair an adequate
supply of light and air to the adjacent property, unreasonably increase the congestion in the
public streets, increase the danger of fire, endanger the public safety, unreasonably
diminish or impair health, safety, comfort, morals, or in any other respect be contrary to
the intent of the 'Zoning Ordinance and the Comprehensive Plan.
The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property and do not apply generally to other land or
structures in the district in which such land is located. The city is having difficulty
receiving signals from several water meters in the northeast section of the city. The antemia
is required to address this difficulty. The location of the antenna is important because
consideration must be given to a location that can collect data from all the meters in this
area, and does not disrupt the property on which it is located. Benilde-St. Margaret's
Resolution No. 16-138 -2-
granted permission to the city to locate the antenna on their property with the condition
that the installation of the antenna does not disrupt their fields. The best location to meet
these conditions is the requested pole, which is located on the northern edge of the athletic
complex.
6. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. It will not merely serve as a convenience to the
applicant, but is necessary to alleviate demonstrable hardship or difficulty. The location is
not the result of economic considerations. The location is determined by need to provide
services to all homes in the area, and reduce the impact on the school athletic fields.
The contents of Planning Case File 16 -38 -VAR are hereby entered into and made part of
the public hearing record and the record of decision of this case.
8. Under the Zoning Ordinance, this variance shall be deemed to be abandoned, revoked, or
canceled if the holder shall fail to complete the work on or before one year after the
variance is granted.
9. Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building
or structure for which the variance is granted is removed.
CONCLUSION
The application for a 34 -foot variance to allow a 106 -foot setback instead of the required 140 -feet
is granted based upon the findings set forth above, with the following condition:
1. The communication tower and antenna shall be constructed as shown on the official exhibits.
Clerk is instructed to record certified copies of this resolution in the Office of the
County Register of Deeds or Registrar of Titles as the case may be.
Administration: Adopted by the City Council October 17, 2016
City Manager
Attest:
IA
Mel ss yenned , Cit Jerk