Res 2006- 58 Denying CUP, Variance @ 1101 Victoria CurveCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY MINNESOTA
RESOLUTION NO. 06- 6 6
A RESOLUTION DENYING A CONDITIONAL USE PERMIT, VARIANCE, WETLAND
PERMIT AND ORDINANCE AMENDMENT FOR A WIRELESS COMMUNICATION
FACILITY INCLUDING A 120 -FOOT MONOPOLE TOWER AT 1101 VICTORIA
CURVE
WHEREAS, Mr. Steve Carlson has applied for a Conditional Use Permit, Variance, Wetland
Permit and Ordinance Amendment for a Wireless Communication Facility including a 120 -foot
monopole tower at 1101 Victoria Curve [Lot 21, Block 3, South Ridge, PID #27- 71275 - 210 -03]
as proposed in Planning Case #06 -11; and
WHEREAS, the Planning Commission conducted a public hearing on this application at their
regular meeting on May 23, 2006; and
WHEREAS, the Planning Commission voted 4 -2 to recommend approval of the Conditional Use
Permit, Variance, Wetland Permit and Ordinance Amendment for a Wireless Communication
Facility Including a 120 -foot monopole tower as presented to the Planning Commission on the
evening of May 23, 2006 and as shown in Planning Case #06 -11;
WHEREAS, the City Council reviewed the application for the Conditional Use Permit,
Variance, Wetland Permit and Ordinance Amendment at their meeting on June 20, 2006 and
decided to table the item until the City Council was able to review additional information related
to the City's needs for placement of future police and public works radio systems; and
WHEREAS, the City Council considered the additional information at their regular meeting on
July 18, 2006.
NOW, TBEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights as follows:
The City makes the following findings of fact:
1. The applicant has not met the conditions of ordinance 12 -1J -6 relating to
telecommunications towers.
2. City's current ordinance provides reasonable accommodation without the need for
amendment or variance.
3. The strict enforcement of the Zoning Code would not result in an undue hardship
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and therefore, the applicant has failed to show a hardship that would justify the
variance that has been requested.
4. Neither the proposed amendment nor the proposed CUP meet the Comprehensive
Plan requirements of preserving the character and quality of existing
neighborhoods since the proposed tower has negative visual impacts to
surrounding residential properties.
5. The proposed tower is not necessary for public safety.
BE IT FURTHER RESOLVED that the conditional use permit, the variance, the wetland
permit and the ordinance amendment would have an adverse impact on the health, safety and
general welfare of the citizens of the community and the surrounding land, and would be in
violation of the general intent and purpose of the Zoning Ordinance.
BE IT FURTHER RESOLVED that the applications for the Conditional Use Permit, Variance,
Wetland Permit and Ordinance Amendment are hereby DENIED.
Adopted by the City Council of the City of Mendota Heights this 18th day of July, 2006.
ATTEST:
M. Swanson, City Clerk
2828393vl
In
CITY COUNCIL
CITY OF MENDOTA HEIGHTS