Res 1997 - 08 Denying Request for a Height Variance of 17 Feet to Construct a Freestanding Radio Antenna Tower in a R-1 Residential District�
CITY OF MF•IYDUTA HEIGHTS
DAKUTA C4UNTY, MIlVNESOTA
RESQLUTION NU. 97- O8
RESOLUTION DENYING REQL3EST FUR A HEIGHT VAF:IANCE QF SEYENTEEN
FEET TO CUN5TRUCT A FREESTAI�TDING RADIO ANTENNA T4WER
IN A R-I RESID►F;NTIAL DISTRICT
BEGI��►�ANN PLAN1tifIlvG CASE NO. 96-16
WBEREAS the application for a height variance af seventeen (1'7} feet in an R-1
residential. zoning district initially came before the Mendota Heights City Council for
cansideratian on September 3, 1996; and
WHEI�AS the "R 1" 4ne Family Residential District allows structures of two stories,
or twenty five (25) feet in height, whichever is less; and
WHI�REAS a public hearing was conducted by the City's Planning Commission an
August 2'7, 199b; and
� WHEREAS the City Cauncil considered the application at its regulax meetings on
''} September 3, 1996, October 1, 1996, November 19, 1996, December 3, 199b and February 4,
1997; and
WHF.R.EAS on Febxuary 4, 1997, a motion was made, seconded, and unanunausly
approved directing eity staff to prepare a praposed resolutian far denial af the Beckmann
application based upon the public record before the city's Planning Commission and the City
Council.
NOW THI:ltl+.'.FQRE, BE IT p�FSC1LVED that the City Caunci� of the City af
Mendota Heights makes and adopts the fallawing findings:
l. The applicant owns and accupies a single family residential structure at 1882 South
Lane, legally described as I.ot 9, Block 1, Pands of Mendata., Dakota. Caunty,
Minnesota.
2. The pmperty is zoned R l, one famil� residential district under the City's applicable
zoning ordinance. � -
3. There are developed single-family homes to the west, south, east, and north of the
applicant's property.
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13. The City's communications expert, in response to citizens' concerns about electronic
interference with telephones, personal computers and other electronic appliances which
are commonly found in present-day residential homes, notes that the Federal
Communications Commission is slow in responding to these types of complaints.
14. The City's consulting engineer, in response to the City's concerns about the structural
integrity, the safety of the proposed tower as an attractive nuisance and its potential as
a physical hazard for gersonal injury and structural damage, has reported that the
proposed tower's foundation is not suff'icient and would result in differential settling of
the tower foundation and heaving of the tower foundation due to possible frost action.
As of the date of the City Council's final consideration, the City had received no
documentation or engineering data regardi.ng the applicant's ability to comply with
consultant's recommendation.
BE IT FiJRTHER RESOLVFD that Section 7 of the Zoning Ordinance has standards for the
height of structures in One Family Residential Districts. The Zoni.ng Ordinance requires that
Council base its decision on the effect of the proposed variance on the health, safety and
welfare of the community.
BE IT FiJRTHER RESOLVED that the applicant has failed to demonstrate to the City
Council that the variance is needed to alleviate an undue hardship or practical difficulty and
will not be detrimental to the health, safety, and welfare of the neighhorhood.
BE IT FLJRTHER ItFSOLVED that the applicant's request for a height variance for a
freestanding radio antenna tower in an R-1 district is denied.
Adopted by the City Council of the City of Mendota Heights this 18th day of February, 1997.
C��K�Ii��i_i,i
CIT'i� F�VIEND A HII HTS
By
7ill 5 th, Acting Mayor
A T:
thleen M. Swanson, City Clerk