Res 2026-47 Denying a CUP for Cell Tower at Wentworth ParkCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2026-4I
RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR A 149-FT WIRELESS
MONOPOLE TO BE LOCATED AT 739 WENTWORTH AVENUE (WENTWORTH
PARK)
PLANNING CASE 2026-OS
WHEREAS, Buell Consulting, LLC, (the "Applicant") on behalf of The Towers, LLC
made an Application for a Conditional Use Permit to construct a 149-ft wireless monopole to be
located at 739 Wentworth Avenue, the property commonly known as Wentworth Park, a municipal
property of the City of Mendota Heights, and legally described in Exhibit A (the "Subject
Property"); and
WHEREAS, the Subject Property is guided LDR-Low Density Residential in the 2040
Comprehensive Plan and zoned R-1 Low Density Residential and P/SP-O Public/Semi-Public
Overlay District; and
WHEREAS, pursuant to City Code Title 12-4A-12.7: Wireless Antennas, Towers, and
Accessory Structures, a Conditional Use Permit is required for a freestanding wireless tower, and
a freestanding wireless monopole tower use requires compliance with the performance standards,
including property line setbacks and height, that are set forth in the Mendota Heights City Code;
and
WHEREAS, on February 4, 2026, the City Council approved an Option and Lease
Agreement with The Towers, LLC which began the one year due -diligence period for this
proposed use and enabled the applicant to submit a Conditional Use Permit application as set forth
in the Mendota Heights City Code; and
WHEREAS, on March 31, 2026, the Mendota Heights Planning Commission opened a
public hearing on this Conditional Use Permit request, whereby a planning report was presented
and received by the Commission, and comments from the applicant and public were allowed, and
while leaving the public hearing open, the Commission recommended unanimously (5-0 vote) to
table the requested application and the public hearing to the April 28, 2026 regular Planning
Commission meeting; and
WHEREAS, on April 28, 2026, the Mendota Heights Plamiing Commission continued the
tabled public hearing on this Conditional Use Permit request, whereby an updated planning report
was presented to the Commission demonstrating that the staff interpretation of the zoning
ordinance as it applies to this Planning Case No. 2026-05 had changed and staff could no longer
recommend approval of the application as presented, and comments from the applicant and public
were allowed, and whereupon closing the hearing, the Commission recommended (5-2 vote) to
table the requested application to a future meeting date to allow the applicant to revise their plan;
and
Resolution No. 2026-47 Page � I
WHEREAS, while the application was pending, the City received correspondence from
Minnesota Department of Natural Resources (DNR) regarding use restrictions filed of record with
Dakota County on the title of the Wentworth Park property that the DNR asserted that the proposed
use of a wireless monopole tower could violate the terms of existing grant agreements between the
City and the DNR; and
WHEREAS, on July 28, 2026, The Mendota Heights Planning Commmission opened, held,
and closed the second public hearing on the Conditional Use Permit application request under
Planning Case No. 2026-05, and the tabled application was presented by staff with a
recommendation for denial, and whereupon receiving the presented staff report and hearing
testimony from residents on the application, the Planning Commission recommended unanimously
(5-0) to deny the request Conditional Use Permit application as presented under Planning Case
No. 2026-05 based on certain findings -of -fact for denial.
NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that
the recommendation from the Planning Commission on Planning Case No. 2026-05 is hereby
affirmed, and may be denied based on the following findings -of -fact:
1. The proposed freestanding wireless monopole tower use does not conform to the
general purpose and intent of the zoning ordinance, and of the applicable performance
standards set forth in City Code Section 12-313-513.7.
a. The proposed structure is non -compliant with the required maximmn height
for a wireless monopole tower in its proposed location, as the proposed height
is not equal to or less than the distance between the base of the structure and
the nearest applicable setback line.
b. The proposed stealth design of a "monopine" tower does not sufficiently
camouflage the wireless tower within the subject property.
2. The subject property (Wentworth Park) is restricted for land use by the prior use of
grant funding. Approving a freestanding wireless monopole tower likely violates the
grant funding restrictions, which creates the risk that the City would be obligated to
repay the grant funding that was received.
3. The proposed use does not meet the criteria for a Conditional Use Permit for the
following reasons:
The City may grant a conditional use permit provided the proposed use demonstrates
the following:
a. The use will not
be detrimental to the health, safety
or general
welfare of the
co�nnzunity,
b. The use will not
cause serious traffic congestion or
hazards,
Resolution No. 2026-47 page � 2
c. The use will not seriously depreciate surrounding property value, and
d. The use is in harmony with the general purpose and intent of the Zoning Code
and the comprehensive plan.
A. The proposed use will not be detrimental to the health, safety or general
welfare of the community
The proposed use will address an established deficiency of consistent cellular
coverage in Mendota Heights, particularly in the northern area of the City in the
vicinity of the proposed location. The improved wireless infrastructure will
support and enhance public safety and the general welfare of the community,
particularly given the increasing reliance on mobile devices for emergency
communications. The proposed cellular tower will allow for colocation of up to
three different providers, which will further enhance network reliability and
capacity without creating adverse impacts on surrounding properties.
Radiofrequeney emissions related to cellular towers will not be detrimental to
health, because such emissions are regulated by the Federal Communications
Commission (FCC), and the applicants are required to comply with all applicable
federal standards.
B. The proposed use will not cause serious traffic congestion or hazards
The proposed use for a wireless tower and telecommunications facility is a
passive use of the location, The facility would not be staffed on a regular basis,
and will not increase traffic to Wentworth Park or add to the existing traffic
patterns in the surrounding area. Any additional vehicles or equipment used
during construction or maintenance activities will be temporary, and will be
regulated by the City to ensure minimal impacts on park users and traffic in the
area of Wentworth Park.
C. The proposed use will not depreciate surrounding property value.
There is no evidence that the proposed use would have a measurable impact on
the depreciation of surrounding property values in this specific market. The Value
Impact Study provided by the applicant demonstrates that the proposed cell tower
development would not measurably impact the value of surrounding properties.
D. The proposed use is not in harmony with the general purpose and intent of
City Code Section 12-4A-12.7 or the Comprehensive Plan.
The purpose of the "Wireless Antennas, Towers, and Accessory Structures"
section of the City Code is as follows:
To protect the public health, safety and general welfare of the conununity
while accommodating the communication needs of residents and
businesses, the City Council finds that this Section is necessary to:
Resolution No. 2026-47 Page � 3
(1) Avoid potential damage to adjacent properties and personal injury
from tower collapse through structural standards and setback
requirements.
(2) Protect the aesthetic qualities of the community by requiring tower and
antemia equipment to be designed in a manner to blend in with the
surroundings and complement existing structures.
(3) Maximize the use of existing and approved freestanding antenna
towers, buildings, and existing light poles for new wireless
telecommunication antennas.
(4) Minimize the number of freestanding antenna towers needed to serve
the community by requiring co -location.
(5) Facilitate the provision of wireless telecommunication services to the
residents and businesses of the City.
(6) Ensure that a competitive and broad range of telecommunications
services and high -quality telecommunications infrastructure are provided
to serve the community, as well as serve an important and effective part of
the city's emergency response network.
(7) Place telecommunication facilities in suitable locations, with
residential locations being a last resort.
The proposed use will be located on a municipal property, and is located within the
Public/Semi-Public Overlay district, both of which are preferred land use areas under the
City Code. The construction of a freestanding tower is permitted in the ordinance by
Conditional Use Permit, and the approval of this proposal would accomplish items (5)
and (6) above, to facilitate the provision of wireless telecommunication services to
residents and businesses within the City, and ensuring that high -quality
telecommunications infrastructure is provided to serve the community. The construction
of the tower would also aid in the effort to accomplish item (4), by constructing a tower
with space where three total carriers could co -locate on in the future.
The proposed monopole tower includes design elements to attempt to minimize the visual
impact of the monopole where possible, including an option by the applicant group to
construct the tower as a "monopine" design. However, this stealth design option does not
sufficiently camouflage the tower to justify reduction of the setback requirements. With a
total height of 149 feet, the proposed "monopine" design of the pole is approximately 80
feet higher than the overall tree canopy. With this height difference, from certain vantage
points, the monopole is not effectively camouflaged to blend in with the tree canopy.
Accordingly, the proposed location and tower fail to protect the aesthetic qualities of the
community by requiring tower and antenna equipment to be designed in a manner to
blend in with the surroundings and complement existing structures (item (2) above).
Likewise, the City Council declines to waive the standards of the tower ordinance,
including setbacks.
Resolution No. 2026-47 Page � 4
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the
Conditional Use Permit requested for a 149-ft wireless monopole on the property located at 739
Wentworth Avenue is hereby denied.
Adopted by the City Council of the City of Mendota Heights this 5 h day of August, 2026.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
StepV if
han a B. Levine, Mayor
ATTEST:
Na c�uer, City Clerk
Resolution No. 2026-47 Page�S
EXHIBIT A
Address: 739 Wentworth Avenue
PIN: 27-03800-34-v l v
Legal Description:
All of Lot 34, Auditor's Subdivision No, 3, Dakota County, Minnesota
Resolution No.2026-47 Page�6