HomeMy WebLinkAbout7A - Midwest Cablevision
AGENDA:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
STAFF AGENDA REPORT
7A
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER ADOPTION OF RESOLUTION 95-101
APPROVING A CONDITIONAL USE PERMIT FOR MIDWEST
CABLEVISION.
NOVEMBER 6, 1995
The purpose of this item is to continue consideration of an
application for Conditional Use Permit, (CUP), from Midwest
Cablevision, represented by Tim Block, The proposal is to
build a public utility building within the R-2, Urban Residential
zone as per attached application. Public Utility Buildings are
listed as a conditional use permit in Zoning Ordinance 83-6.
The specific proposal is to construct a 20' x 20' equipment
storage building on the subject site. (15777 STH 13, legally
described as Lot 2, Block 1, Cable First Addition.
The cable company operates under an original CUP issued by
the City of Prior Lake in 1983. The original CUP was granted
to North American Cable Communications Corporation. The
CUP runs with the land. This application consists of an
expansion to the original CUP and because a different
company is involved, staff required Midwest Cablevision to file
a separate CUP application.
The City Council tabled discussion of this item at its September
18, 1995 meeting to allow the applicant and Mr. Ron
Haberkorn, of Norex, to agree to a compromise regarding the
exterior materials proposed for the building. Staff, Tim Block,
and Ron Haberkorn met on September 27, 1995 to discuss
options for exterior materials. At that meeting, a compromise
was reached to allow brown vinyl siding on three sides and
brick on the west, front side. Mr. Haberkorn offered to pay up
to $500.00 dollars to Midwest Cablevision in order to offset
costs associated with the brick exterior.
16200 EEi~~k Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The compromise solution was presented to management of
Midwest Cablevision who took the position to let the City
Council determine the siding requirement for the proposed
CUP. Mr. Haberkorn contacted staff regarding his discussion
with Midwest Cablevision management and reported frustration
with the cable company. At this point, negotiations have
ceased and the CUP was requested by the applicant to be put
back on the Council agenda.
ALTERNATIVES:
1. Adopt Resolution 95-101 as part of the Consent Agenda.
2. Approve Resolution 95-101 with amendments.
3. Continue or table the item for specific reasons identified by
the City Council.
RECOMMENDATION: Alternative #1.
ACTION REQUIRED: A motion and second to adopt Resolution 95-101 approving a
CUP for Midwest Cablevision to construct at 20' x 20'
equipment storage building at 15777 STH 13 subject to the
conditions outlined therein.
The Council should note item #5 has been amended to
recommend the west, front exterior be surfaced with brick.
Staff is of the opinion Mr. Haberkorn has put forth a reasonable
effort regarding the visual impact of the proposed building on
his site. Originally, Mr. Haberkorn requested the entire building
contain brick exterior and cedar shingles. After discussing the
options with Tim Block, a compromise to install a brick face on
the front of the buildi lonly, was reached. The compromise
seemed to b so ble.
t1
CU9S02C I.DOC
RESOLUTION 95-101
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT, (CUP), TO ALLOW
THE EXPANSION OF MIDWEST CABLEVISION, A PUBLIC UTILITY, WITHIN THE
R-2, URBAN RESIDENTIAL ZONING DISTRICT. THE CUP REQUEST IS TO
ALLOW THE CONSTRUCTION OF A 20' X 20' STORAGE BUILDING AT 15777 STH
13, LEGALLY DESCRIBED AS LOT 2, BLOCK 1, CABLE FIRST ADDITION, PRIOR
LAKE.
WHEREAS: The applicant, Midwest Cablevision, of 3951 West 143rd Street, Savage, MN
55378, submitted an application for CUP according to the provisions of Zoning
Ordinance 83-6, Section 7.5; and
WHEREAS: the subject site as of September 11, 1995 is developed with the following:
1. 5 large satellite dishes
2. 1 tower
3. 1 12'x 18' metal storage building
4. I 14' X 40' gravel loading zone
5. Gravel driveway and parking area
6. Chain link fence surrounding satellite dishes and tower
WHEREAS: notice of the CUP hearing was mailed to all property owners within 500' of the
subject site and said owners permitted the opportunity to voice their opinions
related to the CUP request; and
WHEREAS: the Planning Commission, acting as the Board of Adjustment held a hearing to
consider the CUP application on May 22, 1995 and September 11, 1995 and all
interested persons were afforded the opportunity to voice their opinions on the
application; and
WHEREAS: the Planning Commission found the proposal to construct a 20' x 20' fiber optic,
equipment building on the subject site meets the "Criteria for Approval" for
CUP applications as per Zoning Ordinance 83-6, Section 7.5; and
WHEREAS: the Planning Commission recommends the City Council approve the CUP
application subject to the conditions of Resolution 95-08PC; and
WHEREAS: the City Council considered the CUP at a meeting held September 18, 1995 and
tabled discussion of the application to allow the applicant time to confer with
Mr. Ron Haberkorn regarding proposed exterior materials; and
WHEREAS: the City Council affirms the recommendation of the Planning Commission to
approve the CUP application.
16200 ~MD~ek Ave. S.E.. Prior Lake. Minnesota 553?2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
,-...-..........
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PRIOR LAKE, that it hereby approves the CUP for Midwest Cablevision to allow the
construction of a 20' x 20' storage building per the conditions outlined herein.
1. The applicant plant 10, 5 gallon, Red Twig Dogwood, along the south lot line in order to
provide additional screening from the adjacent Westwood Elementary play ground.
2. The applicant plant 5, 3 gallon Mugho Pine, augmented by 3, 5 gallon, Red Twig
Dogwood, along the west lot line in the vicinity located north of the driveway to provide
additional screening from the adjacent Norex building.
3. No exterior storage be permitted.
4. The driveway and loading area be improved with a bituminous surface and concrete curb
by no later than July 1, 1996. The design and construction of the driveway and loading
area to be acceptable to the City Engineer.
5. The proposed building exterior be brown vinyl siding, with a gable roof, as indicated on
the plan sheets (Exhibit B), with the exception of the west, front side of the building which
shall have a brick exterior.
6. The existing storage shed be sided with vinyl siding, the same color as the proposed
storage building by July 1, 1996.
7. The natural vegetation on site be retained and left undisturbed.
8. All plans and specifications conform to the applicable codes and ordinance requirements..
9. Future changes to the site including but not limited to the addition of other structures shall
require a separate building permit and CUP be filed with the City of Prior Lake.
10. Additional satellite dishes may be placed within the existing fenced area necessary to
provide communication, antenna and TV service to the City of Prior Lake. However, all
satellite dishes must be located within the existing fenced area. In the event the fenced
area is enlarged more than 10%, the applicant shall file an amendment to the CUP.
11. A site inspection report be required by the City Council prior to future decisions to renew
or extend the Cable TV franchise agreement.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE that a copy of
this resolution shall be filed with the office of the Scott County Recorder of Deeds.
Passed and adopted this 6th day of November, 1995.
YES
NO
Andren
Greenfield
Kedrowski
Schenck
Scott
Andren
Greenfield
Kedrowski
Schenck
Scott
Frank Boyles, City Manager
City of Prior Lake
RES9S 10 1. DOC
2
Minutes of the Prior Lake City Council
September 18, 1995
The meeting reconvened at 10: 15 p.m.
C. Consider Approval of Resolution 95-98 Providing for the Sale of $2,200,000
G.O. Water and Sewer Revenue Bonds 1995. Steve Matson, of Juran and
Moody, distributed a Cash Flow Analysis Chart for the Public W orks/Parks
:N1aintenance Building $2.2 Million bond issue, and reviewed the interest rate,
rating and timing of sale.
lVIOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE
RESOLUTION 95-98 PROVIDING FOR THE SALE OF $2,200,000
GENERAL OBLIGATION SEWER AND WATER BONDS OF 1995.
U pan a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion
carried.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO SET
lVIONDAY, OCTOBER 23 AT 5:30 P.lVI. AS A SPECIAL CITY COUNCIL
MEETING DATE TO AWARD BID FOR THE $2.2 MILLION
GENERAL OBLIGATION SEWER AND WATER BONDS FOR 1995.
Upon a vote taken, ayes by Andren~ Kedrowski, Schenck and Scott, the motion
carried.
D. Consider Resolution 95-101 Approving Conditional Use Permit for ivlidwest
Cablevision. Ron Haberkorn, President of Norex~ Inc, submitted a written
request to Council prior to the meeting stating that he had been trying to arrange
a meeting with the Regional Manager of Midwest Cablevision in order to reach
a mutually satisfactory agreement on the type of structure' Midwest is proposing
to build adjacent to Mr. Haberkorn's facility.. Tim Block representing Midwest
Cablevision discussed the action they have taken to date and the reason for
adding a building on the site. Council discussed the matter and concurred that
the item should be tabled until such time that Mr. Haberkorn and a
representative of Midwest Cablevision can meet with the Planning Staff to
discuss a reasonable compromise.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO TABLE THIS
ITEM UNTIL OCTOBER 2,1995 AT WHICH TIME STAFF SHOULD
PLACE ON THE CONSENT AGENDA IF A COMPROMISE
AGREEMENT HAS BEEN REACHED.
\1191 89~ DOC
6
~~-'--'--------""'-'-'--'-""'-----"1""""'-'--'--".._,.. .
T
Minutes of the Prior Lake City Council
September 18, 1995
Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion
carried.
8. NEW BUSINESS:
9. OTHER BUSINESS:
A. Consent Agenda Item J - Consider Approval of Resolution 95-99 Authorizing
j\tIinor Amendment to the Preliminary Plat of Carriage Hills 4th Addition. On
August 21, 1995 City Council approved a request by Warren Israelson of
Progress Land Company to allow the final platting of Carriage Hills 4th
Addition. The approval was contingent upon six conditions, one of which was:
"The developer provide financial security, acceptable to the City Engineer, to
provide for the future upgrade of Landau Lane to the Plat boundary." The
Developer has attempted to purchase the southwest corner of the Vierling
property to allow for the extension of Landau Lane, but the purchase attempts
have been unsuccessful to date. Therefore, since the developer cannot provide
infrastructure to the Outlot (3 lots) until the development of the Vierling parcel
occurs, the developer is requesting the amendment be approved upon the
contingent that a covenant being signed by the developer and filed at the county
which will not allow transfer of the title of the Outlot until improvements to
Landau Lane are made and accepted by the City. The developer will be required
to reimburse the City for the cost of preparing and filing the covenant. Council
discussed this amendment briefly to assure that the cost for street, sewer and
water extension would be borne solely by the developer and not the taxpayer.
lVIOTION BY ANDREN, SECOND BY KEDROWSKI, TO APPROVE
RESOLUTION 95-99 PROVIDING FOR A MINOR AMENDMENT TO
THE FINAL PLAT OF CARRIAGE HILLS 4TH ADDITION.
Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion
carried.
Council (at Planning Director Rye's request) reconsidered Item 6C to insure
that the proper majority required by State Statute was present for the vote.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO
RECONSIDER ITE~I 6C
Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion
carried.
\.191895 DOC
7
CONSENT AGENDA:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
STAFF AGENDA REPORT
7D
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER ADOPTION OF RESOLUTION 95-101
APPROVING A CONDITIONAL USE PERMIT FOR MIDWEST
CABLEVISION.
SEPTEMBER 18, 1995
The purpose of this item is to consider an application for
Conditional Use Permit, (CUP), from Midwest Cablevision,
represented by Tim Block, The proposal is to build a public
utility building within the R-2, Urban Residential zone as per
attached application. Public Utility Buildings are listed as a
conditional use permit in Zoning Ordinance 83-6.
The specific proposal is to construct a 20' x 20' equipment
storage building on the subject site. (15777 STH 13, legally
described as Lot 2, Block 1, Cable First Addition.
The cable company operates under an original CUP issued by
the City of Prior Lake in 1983. The original CUP was granted
to North American Cable Communications Corporation. The
CUP runs with the land. This application consists of an
expansion to the original CUP and because a different
company is involved, staff required Midwest Cablevision to file
a separate CUP application. I
The Planning Commission considered the CUP on May 22 and
September 11, 1995. The recommendation of the Planning
Commission is to approve the CUP subject to the conditions
outlined in Resolution 95-08PC. The CUP would permit the
construction of a second equipment storage building on site to
house fiber optic equipment required to provide cable
communications service to residents of the City. The building
is proposed to be constructed as per the attached application
and with vinyl exterior siding and asphalt shingles. Additional
landscaping, upgrade of the existing gravel driveway to
blacktop with curb and no exterior storage are recommended
by the Planning Commission. All conditions of Planning
Commission Resolution 95-08PC have been incorporated into
16200 E~WJ~Ff~'k Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQL.:AL OPPORTL.:NITY EMPLOYER
City Council Resolution 95-101.
ISSUES:
Attached to the agenda packet is a letter from Ron Haberkorn,
president of Norex which is located directly to the west of the
subject site. Norex and Midwest Cablevision share a private
access driveway which is connected to Franklin Trail, (County
Road 39). Mr. Haberkorn requested the exterior of the
proposed equipment building be brick with a cedar shingle roof
and that the driveway be of blacktop with concrete curbs and
grass be established on the site, as a condition of CUP
approval. See the letter from Ron Haberkorn for reference.
The Planning Commission discussed the merits of Mr.
Haberkorn's request. The Planning Commission did not
support the proposed brick exterior nor cedar shingle roof
proposal of Mr. Haberkorn. The Commissioner's reasoned that
there are no standards in the City Code nor Zoning Ordinance
requiring brick exterior for principal buildings therefore it
seemed excessive to require an accessory building to be
constructed of such costly materials. In addition, the majority of
new construction homes within the City are sided with similar
vinyl siding as proposed for the subject site. The Planning
Commission found no compelling rationale related to the
general health, safety or welfare of the community, to support
the use of brick and cedar shingles for the proposed equipment
storage building. The Commissioner's suggested the City may
desire to research such exterior materials standards for
accessory buildings concurrent with the Zoning Ordinance
update next year.
ALTERNATIVES:
1. Adopt Resolution 95-101 as part of the Consent Agenda.
2. Approve Resolution 95-101 with amendments.
3. Continue or table the item for specific reasons identified by
the City Council.
RECOMMENDATION: Alternative #1.
ACTION REQUIRED: A motion and second to adopt Resolution 95-101 approving a
CUP for Midwest Cablevision to construct at 20' x 20'
equipment storage buil . g at 15777 STH 13 subject to the
conditions outli d the . .
"CU9502CC" 2
TO: Prior Lake Planning Commission
FROM: Ron Haberkorn
RE: Conditional Use Permit - Midwest Cablevision
Because of the holiday and a day of vacation I did not
receive your notice until 9/6/95. And unfortunately I am
not able to attend the hearing on 9/11.
As I explained to Tim Block of Midwest Cable after we met at
the 5/22 Planning Commission Meeting . . . this is a very
important issue for me and NOREX. We have gone to
considerable expense to remodel our building to establish a
positive and professional image for our team, our customers
and the city.
I have . . . as you know been very patient with the past
appearance of the cable property. After all . . . the poor
appearance was of a temporary nature (and has since been
rectified). But, now we are talking about a permanent
structure . . . which concerns me very much. The thought of
looking across our parking lot at a 20 x 20 "sussel" type of
garage for the next 25 years is difficult to accept.
I realize the city does not have a standard for utility
buildings. It seems quite logical to me that we should have
standards that require utility buildings to be brick (as
they are in many communities) so as not to unduly distract
from the general neighborhood.
After talking to a city planner I realize that, had I chose
to, the NOREX Building could have been finished in narrow
vinyl siding with 12 inch eve overhang and asphalt roof
shingles (obviously we would have saved substantial
dollars). I donrt feel that would have been fair to the
bank across the street or the city.
The original Conditional Use Permit for the cable company
was very controversial at the time . . . and barely was
passed. It is only fair that any expansion of the use be
done very carefully and fairly.
Once or twice each year we receive phone calls from city
Economic Development type people, asking how they can help
our business. Frankly, I have never been able to think of
any way they can help . but now I really do need some
help from the city!
~. .._._."--~-~-~---~-~-----_..._-_."'-_._~--_..-.".._---
1
We are requesting that the cable company:
1. Use a brick exterior with a cedar shingle roof.
2. Blacktop the driveway with concrete curbs, and plant
grass or ground cover where not blacktopped (new homes
in the city are even required to blacktop driveways) .
The cable company is a large company with absentee
management and ownership. We must nudge their management to
spend nominal extra money to upgrade the site to be fair to
the neighbors and the city. As in our company . . . "once
its spent we never miss it".
I will be sending a copy of this memo to Tim Block of the
cable company as well.
Thanks for your consideration!
RESOLUTION 95-08PC
A RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE
PERMIT, (CUP), TO ALLOW THE EXPANSION OF MIDWEST CABLE VISION, A
PUBLIC UTll..ITY, WITHIN THE R-2, URBAN RESIDENTIAL ZONING DISTRICT.
THE CUP REQUEST IS TO ALLOW THE CONSTRUCTION OF A 20' X 20' STORAGE
BUILDING AT 15777 STH 13, LEGALLY DESCRIBED AS LOT 2, BLOCK 1, CABLE
FIRST ADDmON, PRIOR LAKE.
WHEREAS: The applicant, Midwest Cablevision, of 3951 West 143rd Street, Savage, MN
55378, submitted an application for CUP according to the provisions of Zoning
Ordinance 83-6, Section 7.5; and
WHEREAS: notice of the CUP hearing was mailed to all property owners within 500' of the
subject site and said owners permitted the opportunity to voice their opinions
related to the CUP request; and
WHEREAS: The Planning Commission, acting as the Board of Adjustment held a hearing to
consider the CUP application on May 22, 1995 and September 11, 1995 and all
interested persons were afforded the opportunity to voice their opinions on the
application; and
WHEREAS: The Planning Commission finds that the proposal to construct a 20' x 20' fiber
optic, equipment building on the subject site meets the "Criteria for Approval"
for CUP applications as per Zoning Ordinance 83-6, Section 7.5; and
WHEREAS: The subject site as of September 11, 1995 is developed with the following:
1. 5 large satellite dishes
2. 1 tower
3. 1 12'x 18' metal storage building
4. 1 14' X 40' gravel loading zone
5. Gravel driveway and parking area
6. Chain link fence surrounding satellite dishes and tower
WHEREAS: The Planning Commission recommends approval of the ClJP application subject
to the following conditions:
1. The applicant plant 10, 5 gallon, Red Twig Dogwood, along the south lot
line in order to provide additional screening from the adjacent Westwood
Elementary play ground.
2. The applicant plant 5, 3 gallon Mugho Pine, augmented by 3, 5 gallon, Red
16200 B!~~'~eek Ave. S.E.. Prior Lake. MinnesoraSS372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
\~; [WL.':'.L r"JpPI JR7t\iTr ~.".:P~.:.JYER
, ._---~_._.._---_._..._.,-,._.__...._'
Twig Dogwood, along the west lot line in the vicinity located north of the
driveway.
3. No exterior storage be permitted.
4. The driveway and loading area be improved with a bituminous surface and
concrete curb by no later than July 1, 1996. The design and construction
of the driveway and loading area to be acceptable to the City Engineer.
5. The proposed building exterior be vinyl siding, with a gable roof, as
indicated on the plan sheets (Exhibit B).
6. The existing storage shed be sided with vinyl, similar to the proposed
storage building by July 1, 1996.
7. The natural vegetation on site be retained and left undisturbed.
8. All plans and specifications conform to the applicable codes and ordinance
requirements..
9. Future changes to the site including but not limited to the addition of other
structures shall require a separate building permit and CUP be filed with
the/ICity of Prior Lake.
10. Additional satellite dishes may be placed within the existing fenced area
necessary to provide communication, antenna and TV service to the City
of Prior Lake. However, all satellite dishes must be located within the
existing fenced area. In the event the fenced area is enlarged more than
10%, the applicant shall file an amendment to the CUP.
11. A site inspection report. be required by the City Council prior to future
decisions to renew or extend the Cable TV franchise agreement.
NOW THEREFORE, BE IT RESOLVED BY THE PRIOR LAKE PLANNING
CO:MMISSION, that it hereby recommends that the City Council approve the CUP for
Midwest Cablevision to allow the construction of a 20' x 20' storage building per the conditions
outlined herein.
Passed and adopted this 11 th day of September, 1995.
YES NO
V onhof ..x V onhof
Arnold ..x Arnold
Kuykendall ..x Kuykendall
Loftus ..x Loftus
Roseth ..x Roseth
/fn)"" (! 11 t //:/;, -, u \
~) I t ;v/V'Lt,.{j v~ )
Tom Vonhof, Chair, Prior take Planning Commission
1U!950BPC.OOC
2
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OJ cr5 - 0'2-
P:!Dt
APPLICATION FOR <DNDITIO~ USE PERiIT
-".~.:'':" .,.... ;';~~;~.~.'" .
Applicant:O.o.cable Holdings, Inc. dba Midwest
Address: 3951 ~v 143rd st. Savaqe, MN 55378
Property 0.mer:Mi nw~st Ct:ibleVi ~i nn
Address:3951 w. 143rd st. Savaqe, MN
Consul tant :
kidress :
cab~~i~~~:612 895-0122
~rk Phone: .1 g c:._ (11 ??
Heme Pha ne:
We rk Prone.=- ','- ~. -8 9 ? - 01 22
Poone: I: U ; i'~-~' .:-~:. _:. _:.
"
Proposed Conditional Use Address:Headend si te for cable s
Legal Cescription: Cable First Addi tion
Existing Use of Prop=rty: Headend si te for cable s stem
Affi 2 ,3 f&~
.."._.......~....~
Property Acreage: 1 3 Present Zoning: B-1
Conditional Use Being Requested: Upgrade the facili ty by constructing a new
and imoroved headend buildina.
Deed Restrictions:
NJ
Yes If so, please attach.
F~s the Applicant previously sought to plat, rezone, cbtain a variance or conditioral use
permit on the subject site or any part of it: NJ x Yes Fequest:~-t thp
rimp of -the original constrncrion for this st:imp 9nr9os~
Whe.'1 :
9:J"BMISSION REQUIR.E}i.EN!'S: (A) Completed application form. (B) Complete legal description and
parcel identification nurrber (PID). (C) Filing fee. (D)Deed restrictions, if necessary.
(E) Fifteen copies of site plan drawn to scale shewing existing/proposed structures.
(F)Additional information as requested by the Planning Director including but not limited
to: existing grades and buildings within 100 feet, drainage plan with finished grade and
relationship to existing water bodies, if any, proFOsed floor plan with use indicated plus
buildL~g elevations, landscape plan with schedule of plantings a.r.d scree.r'ling, curb cuts,
driveways, parking areas, walks and curb~. (G)Certified frcm abstract firm the names and
address of pcop2rty cwners within 500 fe€t of the existing prop:rt:! lines of the subject
property. (H)Application and su~rtive data are due 20 days prior to any scheduled
hearing.
ONLY COMPLETE APPLICATIONS SF..ML BE REVIEWED BY THE PLANNIN:i ~.ISSION.
To ~he best of rtr:t. ~:--'Ow'l~.(]I~ the inforrr.ation ocesented on .this for:n is correct. In
addition, I have read Section 7.5 of the Zoning Ordinance wr~ch specltleS the
requi reme.'1ts fo r conditional uses. I ag ree to pcov ide info rmation and foIlOn'" the
procedures as outlined in the Ordinance.
AprYQA~{A~}UlIV'I {tt€V\
Fee Owners Signature -
Date
411 tt /t.f[;
Date I
THIS SEO'ION ro BE FILLED OUT BY THE PLANNIN; DIRECTOR
',( APPRGVrn
AEPRGVrn
'31))/1?i L~~~~
, T"I7\TE OF Ht:"7\ r:lTl.r :, /'='.. q-s o(:EPc..
DENIED '1J iilC;:;, l..n ~..~ ~ j
DENIED rATE OF HE'ARIN:;
PLANNIN:; <D1MI SSION
CI'I"f COUOCIL
OJNDITIONS:
Signature of t~e ?~2r~i~s Di=ec~or
Date
MIDWEST CABLEVlSIONlfjj\@ @ @ O"0!7 C~ IT!r
AN INTERMEDIA CoMPANY I r ( f.PK?;; leq<=; !/., 1/; ill! i
U~ L '~w l01
4-28-95
Deb Garross
City Planning Commission
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
Dear Ms. Garross,
Midwest CableVision intends to upgrade the cable television system in Prior
Lake. Our plans will improve reception, increase reliability and add channel
capacity for new services.
Our existing building at 15777 Highway 13 was built to house all of the
equipment necessary to produce 60 standard video channels. We are
approaching that limit now. Additionally, our engineers are re-designing the
entire system with fiber optics, which was never intended when the system was
originally built over 10 years ago. . The fiber optic equipment will require a
certain amount of room that is just not available in our current building.
Additionally, any new services (channels, etc.) beyond the 60 channels
mentioned above would be very difficult to add without the additional space.
If you have any questions or concerns regarding this matter please call at your
convenience. Thank you very much.
Cordial/y, ____ /
~~
Tim Block
Midwest CableVision
3951 West 143rd Street
Savage, MN 55378
895-0122
EXHIBIT A
3951 \Nest 143rd Street. Savage, MN 55378. (612) 895-0122. F.-\..\: (612) 895-9860
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2.
PLANNING REPORT
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
1
CONSIDER CONDITIONAL USE PERlVIIT
MIDWEST CABLEVISION
15777 HIGHWAY 13
DEB GARROSS, ASSIST A1~T CITY PLA1~ER
YES _X_NO-N/A
SEPTEMBER 11,1995
FOR
AGENDA ITElVl:
SUBJECT:
INTRODUCTION:
The purpose of this item is to continue consideration of a Conditional Use Permit, (CUP),
for lVlidwest Cablevision. The Planning Commission initially considered the request on
May 22, 1995. The CUP was tabled at that time in order to allo\v the applicant to resolve
various City Code violations which existed on site. A copy of the initial staff report and
Planning Commission minutes from the May 22, 1995 meeting are attached for reference.
BACKGROUND:
See Planning Report dated lVlay 22, 1995.
DISCUSSION:
All of the Code violations have been resolved by the applicant. The specific proposal is
to locate a 20~ x 20' fiber optic equipment building on site as per attached site plan. A
CUP is required in order to locate a public utility building within the R-2, Urban
Residential Zoning District.
The initial proposal included a trash enclosure which did not meet setback requirements.
The majority of materials stored on site, in the past, consisted of wire cable, spools, and
packaging items. The applicant moved the cable storage off site to another building.
therefore there is no anticipated need for a trash enclosure. The application has be~n
revised to delete the trash enclosure, The proposed structure location complies with
setback provisions of the Zoning Ordinance. No outdoor storage is proposed on site.
The major area of concern from a staff perspective related to the visual impression of the
site. The appearance is greatly enhanced due to the removal of debris from site. The
applicant has no objection to planting additional shrubs in order to provide screening
16200 E5g19;~f?~~k Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
.-\N EQL',-\L OPPORTU-llTl E:VIPLOYER
~_.......,...,.."""'"..._........""~~--,........_~..,.~----...............,......~'"...>..~.....~~..""-""""'-""_"~,~~,,,,,,,,,~,,_-,-,,,,,,.,,~~,""",---~~"~~~--""'~~''""''''-''-'''''----'~'''''''''-''''''~~ ...
from the Norex and Westwood Elementary sites. Staff recommends the applicant plant
dogwood and Mugho pine along the west and south property lines. The recommended
plants will grow to provide screening but will not interfere with satellite transmission.
Both plant species can be trimmed and both are hardy, disease resistant and are visually
appealing all year long.
In addition, staff recommends, and the applicant is amenable to, improving the driveway
and loading area with a bituminous surface and curb and gutter, which will be compatible
to the Norex site to the west. Staff also recommends the existing metal storage building
be sided with vinyl siding, the same color and specification as the proposed equipment
building. Similar exterior materials will help reduce the cluttered appearance of the site.
The applicant requests a time extension for improving the driveway and existing storage
building. Staff is not opposed to the time extension and recommends July I, 1996 for
completion of all site improvements. Staff had initially recommended the applicant paint
the satellite dishes an earth tone color. The applicant researched this issue and found the
existing color is required in order to achieve maximum transmission. Draft Resolution
95-08PC was amended to delete the requirement to paint the satellite dishes.
ALTERNATIVES:
1. Adopt Resolution 95-08PC recommending the City Council approve the CUP to
allow J\;fidwest Cablevision to construct a 20' x 20' fiber optic equipment building
as per the attached site plan.
2. Table or continue consideration of this item based upon discussion of the Planning
Commission.
3. Find the CUP is not consistent with the underlying R-2, Urban Residential zone
and existing development and recommend denial of the CUP.
RECOMMENDA TION:
Alternative #1.
ACTION REOUIRED:
A motion to adopt Resolution 95-08PC as submitted or with changes directed by the
Planning Commission.
"CU9502P2"
2
SI:~/C) ~
f'lannln!; '.1lnutes
If constructed as proposed. the deck would maintain about a 19 foot separation from the
house to the West. The subject property. because of its size and configuration. presents
fe\v options for the location of a deck. Parenthetically. the house to the Vv' est. which is
similar in configuration. has a similar second-story deck. It does not appear that a
variance was granted in connection with that deck. Staff recommends approval of the
request because the ordinance hardship criteria have been met.
Mr. Leek also read a letter from Todd Hertaus~ a neighbor of ivfr. Snodgrass. who
supportS the variance request.
No comments from the applicant, J\I[ichael Snodgrass or the audience.
Comments form the Commissioners included: Loftus: supportive of variances: hardship
criteria have been met~ addition would add extra use of the house. Arnold: concurs \vith
Loftus: Roseth: concur with Staff and Commissioners; Vonhof: agrees.
ivIOTION BY LOFTUS. SECOND BY A&"iOLD TO A.PPROVE THE REQCESTED
2.4 FOOT VARI.Al"fCE TO AlLO\V A SIDE YARD SETBACK OF 7.6 FEET
lNSTE,,'-\D OF THE REQCIRED 10 FEET.
Rationale: Hardship criteria have been met.
Vote taken signified ayes by Loftus. Arnold. Roseth and Vonhof. ~[OTIOl'-.i C.~RRlED.
ITEiVI 3. ~nD\V"EST CABLEV1SION CONDIT10NAL USE PER..yIlT:
Tim Block. the Chief Technician of )..[idwest Cablevision, of Prior Lake and Savage.
stated the CCP request was to erect a bulding on site. The intent is to up~rrade the cable
television system which will increase reliability and add 5= hanne I capacity for neV.i
services. The building would house additional channel equipment. installing tiber optic
cables. laser receivers and various electronic components. ~[r. Block addressed some of
the conditions of Resolution 95-08PC.
Assistant Planner Deb Garross discussed the details from the (v[ay 22. 1995 Planning
Report. The applicant., tvIidwest Cablevision, requests a conditional use permit in order to
locate a public utility building within the R-2, Urban Residential Zoning District. The
proposal is to construct a 10~ x 20' building to house fiber optic equipment needed to
provide cable services to the community. Two previous CUP's were issued on :.iovemb7r
9, 1983. and February 6. 1984. to North American Communications Corporation to locate
a receiving to\ver: two. 7 meter earth station antennas: and a 12' x 18' building to house
communications equipment on the subject site. In addition. a 115' height variance 'vvas
granted to construct a 150' receiving tower.
Since the 1984 approval. staff has inspected the site on a number of occasions and noted
that the landscape plan has not been completed and there have been other Ordinance
\1S::'>5 DOC
;>,GC: ~
<I::' I)~
?1:tnn'n!J 'Alnul~
violations. In addition, three satellite dishes have been erected on site without approved
building permits. The previous owner, North American Cable. and current owner were
contacted by former Planning Director, Horst Graser. via letter and phone cails advising
that site inspections revealed several Zoning Ordinance violations as well as violation of
the approved CUP, (related to incomplete landscaping). Corporate representatives for the
applicant did not respond to the letter nor phone conversations mJde by \t[r. Graser in
1993-1994.
A site inspection was conducted the date that this agenda report was written. The
inspection revealed several Ordinance violations such as: garbage and refuse on site:
outside storage of t'.vo trailers; 12 large spools. located outside of the tenced area: 5
satellite dishes inside of the fenced area: countless large spools located inside of the wire
fence; unused utility boxes. wire. and an unscreened. broken dumpster.
Ron Habekorn. owner of \iorex building stated his concern for misuse of the building.
\Vben the permit \vas initiaily applied for in 1984, the issue was controversial in that it
was adjacent to a school and residential property and the ~orex office building. It was
going to be treated as a public utility facility. N{r. Habekorn's impression of a public
facility \vould be to blend in with the neighborhood. His concern is the visibility impact
for all visitors as \veIl as employees coming into their parking lor. He feels the site looks
like a light industrial district. ]Y(r. Habekorn would like to see the building appearance
improved to blend in with the area and the original intent of the permit upheld. He also
stated he would like to remain friends \vith Tim Block and try to work something out.
Tim B lock said he was son:' for the inconvenience to Norex and \vi11 do whatever he can
to make improvements to the property.
Comments from the Planning Commission: Roseth: parties involved understand the
situation: Referring to Item #11 of conditions - recommend October or ~0vember as 3-
completion date instead of September: discussion on dish size and numbers. Loftus:
Norex is developed and concerned for image and positive impression. There have been
major changes from the beginning and need to harmonize the issues: suggest a tour or
slide presentation to bet a better feel for property and evaluate. A.rnold: Supports
Resolution as it stands: some conditions can be worked our: discuss point by point.
Y" onhof: Found it disturbing thar :\1idwest Cablevision has not been in compliance "'lith
the CCP: property has historically been in violation: letters have been sent notitYing the
CUP violations and now is the time to remedy: some of the violations \,vere in place
before jy[id\vest Cablevision bought the site: this is the time to bring the site inJo
compliance; applicant should be aware of City's concerns; there should be no violations
present before approval of the City: applicant should come back after complying; direct
Staff to go on site with applicant and address current Ordinance violations.
GENER.-\L DISCUSSION OF CONLlvfISSIONERS: conditions of Resolution should be
complied with before they address this again; do not feel comfortable acting on the status
of the application at this time: suggest item be tabled until Ordinance violations have
\l~::<)~ DOC
I' '\.lJC ..
,r.::'I ~
l'l:lnn'ng ~inUIC:S
been resolved: iYfidwest Cablevision have been the owners for 3 years. while most
problems occurred before applicant obtained ownership.
ivfOTION BY ROSETH. SECOND BY LOFTUS TO TABLE A~D BRl~G BACK AT
THE DISCRETION OF THE APPLICA:\iT AT SCCH TEv{ES AS HE H.;S H.-\.D TIiv{E
TO T.-\.LK \V1TH STAFF A~D CL.-\.RlFY THE corvrPL.-\.I)iTS .-\.~D RECTIFY THE
ORDfNA.\iCE VIOLA. TION ITE~fS.
fuvfENDi\-[E)iT BY LOFTUS: corvCv(lSSIONERS TO SEE '/ISliAL AIDS OR
ARR..-\NGE TO TAKE mSPECTION TOUR.
No discussion.
Voces taker! signified :lyes by Roseth. Loftus. .'-\mold and VOMOr. :V[OTIOl\ C.-\RRlED.
OTHER BCSI'iESS:
a) C:lpital fmprovement Plan: City Planner Don Rye.
In a joint meeting with the City Council an issue c:une up with the Planning Commission
indicating its desire to play some role in the Capital Improvement Program. Council felt
it was :lppropriate to participate. ~f::my of the issues are from Engineering J.nd Rye would
like someone from Engineering to explain the process and rarionaie. Also. most of big
items are the Cit).~s share of County road improvements. A.n.ou'1.er budget issue is
directed to the P:lrks and Recreation Department for equipme:lC and improvement of
existing fo.ciliries. One of the directives from Council is to explore tunding for neVi
community park faciliti~s. Public \Vork items revolve around C~)Lll1ty road
improvements.
,
GENER.-\L DfSCCSSION OF COLvl?vnSSIONERS: The City pays for J,nything higher
than the stllndllrd improvements. i.e. lights. sidewalks: irnprovem~:!ts to :\[ushto\,vn Road
in 1996 and improvements to Pike LJ,ke Tr:lil in 1998: some projects are funded by
revenue bones. Federal and State money: and Scate A.id. Capital PUK Fund. referendums
and oth~rs. Commissioners have until July 17. 1995 to discuss.
N(OTION BY .-\R.'\iOLD. SECOND BY ROSETH TO CLOSE y[EETlliG.
Vote taken signitied ayes by Arnold. Roseth. Loftus and Vonhof. ~fOTION CARRlED.
The meeting was closed at 10:29 p.m.
Donald R. Rye
Director of P!anning
Connie Carlson
Recording Sec:etary
\t~ ::?~ JOt
.~ 'tje I
PLANNING REPORT
AGENDA ITE~I:
SUBJECT:
3
CONSIDER CONDITIONAL USE PERlVIIT FOR
lVIIDWEST CABLEVISION
15777 HIGHWAY 13
DEB GARROSS, ASSISTANT CITY PLANNER
YES X NO-N/A
--
MAY 22,1995
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
An application for conditional use permit (CUP), has been submitted for consideration by
the Planning Commission. The applicant, Midwest Cablevision, requests a conditional
use permit in order to locate a public utility building within the R-2, Urban Residential
Zoning District. The proposal is to construct a 20' x 20' storage building to house fiber
optic equipment needed to provide cable services to the community. The building is
proposed to be located as per attached survey. The proposed building exterior consists of
vinyl siding ""ith a gable roof. See attached Exhibit A for drawings and information
related to the proposed storage building.
BACKGROUND:
Two previous CUP's were issued on November 9, 1983, and February 6, 1984, to North
American Communications Corporation to locate a receiving tower; two, 7 meter earth
station antennas; and a 12' x 18' building to house communications equipment on the
subject site. In addition, a 115' height variance was granted to construct a 150' receiving
tower. See attached Exhibit B for reference to the previous CUP files. The conditions of
approval of the 1984 CUP are outlined below:
1. Staff s recommendation regarding tree planting and landscaping be met.
2. The natural surroundings be left undisturbed.
3. There is proper security lighting near the building and on top of the antenna.
4. All the anchors be fenced in.
5. The land not be subdivided while under the ownership of North American
Communications Systems, Inc.,.
16200 E~~reek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-':+230 / Fax (612) 447-4245
AN EQL.AL OPPORTCNITY E:v1PLOYER
An additional "'consideration" was made part of the City Council motion to approve the
conditional use permit: "The stipulation that the access road from Franklin Trail be
investigated and if possible to have the easement granted to have the road installed as part
of the original construction" Councilmember Busse stated "that if we were to receive the
easements for that road, it could be the same type of road. They would not have to
improve it at this point." The Planning Commission should note that since approval of the
1984 CUP, the driveway access has been changed from a platted, but unimproved street
(Hill Street), to a private easement which provides access via Franklin Trail. Appropriate
street vacation proceedings and subsequent private access/egress easements have been
provided to the site.
Since the 1984 approval, staff has inspected the site on a number of occasions and noted
that the landscape plan has not been completed; and other Ordinance violations such as,
use of an unscreened dumpster; refuse on site consisting of cardboard, wood, tires;
outside storage of cable, spools, and other equipment; and parking of up to 6 vehicles on
site. In addition, three satellite dishes have been erected on site without approved building
permits. The previous owner, North American Cable, and current owner were contacted
by former Planning Director, Horst Graser, via letter and phone calls advising that site
inspections revealed several Zoning Ordinance violations as well as violation of the
approved CUP, (related to incomplete landscaping). Corporate representatives for the
applicant did not respond to the letter nor phone conversations made by IvIr. Graser in
1993-1994.
A site inspection was conducted the date that this agenda report was written. The
inspection revealed several Ordinance violations such as: garbage and refuse on site;
outside storage of two trailers; 12 large spools, located outside of the fenced area; 5
satellite dishes inside of the fenced area; countless large spools located inside of the wire
fence; unused utility boxes, wire, and an unscreened, broken dumpster.
DISCUSSION:
The responsibility of the Planning Commission is to review the application according to
the provisions of Zoning Ordinance Section 7.5 attached. The purpose of a conditional
use permit is to allow the City the opportunity to review the site, adjacent land uses, and
the proposed use, to determine under what conditions the use can be located in the
underling zoning district. In 1984, the Planning Commission and City Council approved
the CUP believing that the cable public utility would be a good transition land use
between the B-1, Limited Business District (Norex), to the west, C-l, Conservation
District (Westwood Elementary Schoo 1), to the south, and R -1, Suburban Residential
(Centennial Addition single family residential neighborhood), to the east. The previoUs
CUP's recognized the need for facilities to provide cable TV services to the residents of
Prior Lake. Nfidwest Cablevision has been awarded the cable franchise in Prior Lake.
The application before the Planning Commission is to consider expanding the public
utility operation to allow construction of an additional 400 square foot, storage building.
The subject site consists of approximately 5 acres of land that is heavily wooded. The
"ClJ9502PC
2
access to the site is via a private easement from Franklin Trail. Public view of the site is
limited to view from the Westwood Elementary school playground and Norex building.
In winter, leaf off, conditions, the site can be viewed from STH 13, C.R. 44 and the
properties to the east however, trees, sumac and other volunteer growth do provide
screening. Staff is not aware of any complaints related to the operation of the existing
public utility.
The performance criteria for conditional use permits, outlined in the Zoning Ordinance
specify: "The proposed use shall be sited, oriented and landscaped to produce a
harmonious relationship of buildings and grounds to adjacent buildings and properties,"
and "The proposed use shall produce a total visual impression and environment which is
consistent with the environment of the neighborhood." Site inspections reveal that the
visual impression of the property is poor. One reason the poor image exists is due to the
illegal outside storage of spools, equipment, trailers, as well as the garbage and refuse
Ordinance violations. Outdoor storage is not a permitted nor conditional use within the
R-2, Urban Residential Zoning District. The CUP should specifically note that no
outdoor storage is permitted on site, in order to improve the visual appearance as well as
comply with Prior Lake Ordinances.
The existing site appears cluttered due to .the number and placement of structures on site.
In addition, the property surrounding the antennas, tower, and existing storage building is
not well maintained. The addition of a second storage building will add to the visual
clutter. The applicant should be encouraged to develop an overall site plan that takes into
account, future, long-term uses for the property. At this point, the CUP should require
that the existing satellite dishes be painted an earth tone color and/or a privacy fence be
installed and maintained, which screens the equipment. In addition, the existing storage
building exterior should be sided with vinyl siding comparable to the proposed building.
The CUP should also require additional landscaping along the west and south property
lines to screen the use from adjacent Norex and Westwood Elementary School.
ALTERNATIVES:
1. Approve the CUP for a 20' x 20' storage building to be constructed as requested.
2. Table or continue consideration of the CUP for specific reasons.
3. Deny the CUP finding that construction of the storage building as proposed does
not meet the CUP approval criteria as defined by the Zoning Ordinance.
4. Approve the CUP subject to the conditions outlined in attached Resolution 95-
08PC or with changes directed by the Planning Commission.
RECOl\'IMENDATION:
Alternative #4. A cable TV franchise is considered to be a necessary public service. The
recommendation is to approve the CUP, subject to specific site improvements and
performance criteria. In order to assure compliance to the CUP conditions, staff will
monitor the site on a periodic basis. In the event that the CUP conditions are violated,
appropriate legal measures will be taken to enforce the CUP. Violation of the CUP
should also prompt inunediate review by the Planning Commission and City Council.
"CU9502PC
3
ACTION REOIDRED:
A motion to adopt Resolution 95-08PC recommending the City Council approve the CUP
to allow the construction of a 20' x 20' storage building at 15777 STH 13 subject to the
conditions outlined therein.
"CU9S02PC
4
"-'-""~-"""---'-'--.....,..-'-'-'----~-'--'-"--'-'---'",','-------.--'"'-.. ~
7.5
CONDITIONAL USES: Conditional uses as specified within each Zoning District may
be allowed or denied by the City Council after recommendations by the Board of
Adjustment in accordance with the criteria and provisions listed herein:
A.
Application: Applications for conditional uses will be filed with the Zoning Officer and
shall be accompanied by:
1. An application fee in an amount equal to that set by the City Council.
2. Fifteen (15) copies of a site plan and supporting data which shows the site size
and location; use of adjacent land; the proposed size, bulk, use and location of
buildings; the location and proposed junction of yards, open space, parking
area, driveways, storage areas and accessory structures; the location of all
utilities and timing of proposed construction as the Zoning Officer may require.
3. The Zoning Officer at his discretion may require a topographic map to the
site and reduced copies of all material suitable for mailing.
4. The names and addresses of all property owners within five hundred feet (500')
shall be provided by a certification of an abstract company so that the Zoning
Officer may provide notification of the conditional use permit application. (Ord.
90-07)
B. Review: The Zoning Officer shall forward copies of the application to the City Council,
the Board of Adjustment and, if necessary, to the Consultant Planner for review.
1. The Board of Adjustment. shall forward its recommendations within forty-five
(45) days unless the petitioner agrees in writing to a time extension. Failure to
act within the allotted time shall be deemed to be a favorable
recommendation.
2. The City Council may attach such conditions to the approval of any conditional
use as may be necessary. The approved site plan .and all attached conditions
shall be filed by the petitioner with the Zoning Officer within thirty (30) days of
final approval. Any development contrary to the approved plan shall constitute
a violation of this Ordinance.
C. Criteria for Approval: A conditional use shall be approved if it is found to meet the
following criteria:
1 . The proposed use conforms to the district permitted and conditional use
provisions and all general regulations of this Ordinance.
2. The proposed use shall not involve any element or cause any conditions that
may be dangerous, injurious, or noxious to any other property or persons, and
shall comply with the performance standards listed below.
3. The proposed use shall be sited, oriented and landscaped to produce a
harmonious relationship of buildings and grounds to adjacent buildings and
properties.
4. The proposed use shall produce a total visual impression and environment
which is consistent with the environment of the neighborhood.
Section 7, Page 3
5. The proposed use shall organize vehicular access and parking to minimize traffic
congestion in the neighborhood.
6. The proposed use shall preserve the objectives of this Ordinance and shall be
consistent with the Comprehensive Plan.
7. Additional requirements with respect to conditional use in the Conservation
District include the following:
a) Filling a wetland shall not exceed the flood storage capacity
requirements for the wetland.
b) The proposed development shall not result in unusual maintenance cost
for road and parking areas or the breaking and leaking of utility lines.
c) Development shall be permitted in such a manner that the maximum
number of trees shall be preserved. The remaining trees shall contain
at least fifty (50) percent of the canopy coverage.
d) Development shall be accomplished only in such a manner that on-site
soil erosion shall be minimized both during construction and when
construction activity is completed.
e) Wetlands and other water bodies shall not be used as primary sediment
traps during development.
f) The quality of water run-off and water infiltration to the water table or
aquifer shall remain undisturbed by the development of the site.
g) The types and density of land use proposed for the site shall be suited
to the site. Bedrock conditions shall not present a threat to the
maintenance of ground water quality and shall not fail to adequately
correct problems due to soil limitations -including bearing strength,
shrinkswell potential and slope stability.
I
D. Performance Standards: All conditional uses shall comply with the requirements of this
section. In order to determine whether a proposed use will conform to the requirements
of this Ordinance, the City Council may obtain a qualified consultant to testify. Said
consultant service fees shall be borne by the applicant.
1. Fire Protection - Fire prevention and fighting and equipment acceptable to the
Board of Fire Underwriters shall be readily available when any activity involving
the handling or storage of flammable or explosive material is carried on.
2. Electrical Disturbance - No activity shall cause electrical disturbance adversely
affecting radio or other equipment in the vicinity.
3. Noise - Noise which is determined to be objectionable because of volume,
frequency, or beat shall be muffled or otherwise controlled, except fire sirens and
related apparatus used solely for public purpose shall be exempt from this
requirement.
Section 7, Page 4
4. Vibrations - Vibrations detectable without instruments on neighboring property in
any district shall be prohibited.
5. Odors - No malodorous gas or matter shall be permitted which is discernible on
any adjoining it or property.
6. Air Pollution - No pollution of air by fly-ash, dust, smoke, vapors, or other
substance shall be permitted which is harmful to health, animals, vegetation or
other property.
7. Glare - Lighting devices which produce objectionable direct or reflect glare on
adjoining properties or thoroughfares shall not be permitted.
8. Erosion - no erosion by wind or water shall be permitted which will carry
objectionable substances onto neighboring properties.
9. Water Pollution - Water pollution shall be subject to the standards established by
the Minnesota Pollution Control Agency.
(E) A certified copy of any conditional use permit shall be filed with the County Recorder of
Scott County pursuant to Minnesota State Statute, Section 462.3595, Subd. 4. This shall
be considered a restriction on how this property may be used. The conditional use permit
shall include legal description of the property included. A copy of the recorded
conditional use permit shall be delivered to the Zoning Officer as evidence of satisfying
this requirement. (Ord. 95-05)
(F) The property owner shall have the responsibility of filing the resolution with Scott County
and paying all costs for such recording. A building permit for the subject construction
shall not be issued until proof of recording has been filed with the Planning Department.
(Ord. 95-05)
Section 7, Page 5