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Res 1996 - 09 Denying a Conditional Use Permit for US West Cellular for a Cellular Tower at 750 Hwy 110CITY OF MENDOTA HEIGHTS DAKOTA COUNTY 1NIINNESOTA RESOLUTION NO. 96-09 A RESOLUTION DENYING A CONDITIONAL USE PERNIIT FOR US WEST CELLULAR FOR A CELLULAR TOWER AT 750 ffiGHWAY 110 WHEREAS, US West Cellular has applied for a conditional use permit (the Conditional Use Permit") to construct a 100 foot cellular communications tower (the "Tower") at 750 Highway 110, as proposed on plans in Planning Case File 96-03; and WHEREAS, the Planning Commission conducted a public hearing at their 7anuary 23, 1996 meeting; and WHEREAS, the Planning Commission recommended on a 6-0 vote that the City Council deny the request for the Conditional Use Permit based on the Tower's visual incompatibility with its surroundings; and WHEREAS, the City Council reviewed application for the Conditional Use Permit at their meeting on February 6, 1996. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights as follows: 1. The City makes the following findings of fact: a. Cellular telephone service does not constitute an"essential service" and therefore the proposed Tower would require a height variance of 65 feet; b. Cellular telephone service is available within the City and the primary purpose of the proposed Tower would be to improve existing service; c. The Tower would be visually and aesthetically incompatible with its sunoundings; and d. Construction of the Tower would alter the character of the sunounding neighborhood and establish an undesired precedent. 2. In light of the foregoing findings, the request for Conditional Use Permit submitted by US West Cellular and the required height variance, as described above, are hereby denied. Adopted by the City Council of the City of Mendota Heights this 20th day of February, 1996. ATTEST: By�.�--- een M. Swanson, City Clerk sTr:i�i-i -2- CITY COUNCIL CITY OF MENDOTA HEIGHTS By �.,,.� � Gt%�..►,�..cs Charles E. Mertensotto, Mayor