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HomeMy WebLinkAbout16-137 - ADMIN Resolution - City Council - 2016/10/17RESOLUTION NO. 16-137 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-163(d)(5) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT A 70 -FOOT TALL COMMUNICATION TOWER FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENCE DISTRICT LOCATED AT 2501 STATE HIGHWAY 100 SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The City of St. Louis Park has made application to the City Council for a Conditional Use Permit under Section 36-163(d)(5) of the St. Louis Park Ordinance Code for the purpose of allowing a 70 -foot tall communication tower within a R-1 Single -Family Residential District located at 2501 State Highway 100 South for the legal description as follows, to -wit: That part of the South 'h of the Northwest Y4 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 ''/z of the Northwest 1/4. Subject to roads. 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 16 -37 -CUP) and the effect of the proposed communication tower on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council has determined that the communication tower will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed communication tower is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 16 -37 -CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. Conclusion The Conditional Use Permit to permit a communication tower at the location described is granted based on the findings set forth above and subject to the following conditions: 1. The communication tower shall be developed, used and maintained in accordance with Exhibits incorporated by reference herein. 2. All necessary permits must be obtained. 3. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Resolution No. 16-137 -2- 4. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. 5. Assent form and official Exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. 6r\ Approval of a Building Permit, which may impose additional requirements. Clerk is instructed to record certified copies of this resolution in the Office of the Coufty Register of Deeds or Registrar of Titles as the case may be. Administration: City Manager Attest: VKI'PL"AA"& :) Mellss4 Kenne , City Clerk