HomeMy WebLinkAbout05-131
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 05.131
A CONDITIONAL USE PERMIT TO ALLOW AN AMATEUR RADIO ANTENNA IN THE R-1 ZONING DISTRICT
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY: Fleming
SECOND BY: LeMair
The Prior Lake Planning Commission conducted a public hearing on June 27, 2005, to consider an
application for a Conditional Use Permit (CUP) to allow an amateur radio antenna on the roof of the
garage located at 6346 Conroy Street; and
Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior
Lake Ordinances; and
The Planning Commission proceeded to hear all persons interested in this CUP and persons
interested were afforded the opportunity to present their views and objections related to the CUP; and
The Planning Commission unanimously recommended approval of the CUP with specific conditions;
and
The City Council finds the proposed CUP is compatible with the stated purposes and intent of the
Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP
meets the criteria for approval of CUP as contained in Section 1108.202 of the Zoning Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
1. The recitals set forth above are incorporated herein.
2. The City Council hereby adopts the following findings:
Section 1108.200 of the City Code sets forth the aeneral criteria utilized to review a CUP application.
(1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan.
One of the objectives of the Comprehensive Plan is to "maintain orderly development of and access to utilitiesn and to
"keep abreast of developments in communications and information technology and potential impacts on City development. n
This proposal is consistent with the goals, objectives, and policies of the Comprehensive Plan in that it provides a location
for improved technology.
(2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole.
The uses will not be detrimental to the health, safety, and general welfare of the community as a whole provided all
conditions of approval are met.
(3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the
Conditional Use is located.
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Antennas are a permitted use the R-1 Low Density Zoning District. According to Section 1110.503 of the City Code:
"Subject to approval of a conditional use permit, the City Council may permit antenna heights of up t9 25 feet above the
structure if the applicant can demonstrate that, by a combination of antenna design, positioning of the structure and/or by
screening erected or already in place on the structure, off-site views of the antenna from adjacent properties are
minimized. " The applicant has utilized camouflage coloring, tree cover, and location to mitigate impacts to adjacent
properties. If the Conditional Use Permit is granted, the use will be consistent with the intent and pUlpose of the Zoning
Ordinance and the R-1 district.
In addition, in a Memorandum Opinion and Order in PRB-1, the Federal Communications Commission (FCC) has
acknowledged "that local authorities can regulate amateur installations to insure the safety and health of persons in the
community, but believe that those regulations cannot be so restrictive that they preclude effective amateur
communications. II
(4) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are
either existing or proposed.
The proposed use will not have undue adverse impacts on govemmental facilities.
(5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the
conditional use.
The applicant has considered altemate locations, tree cover, and camouflaging color to limit the impacts to adjacent
properties. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity.
(6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the
direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by
the Planning Commission and incorporated as part of the conditions imposed on the use by the Planning
Commission.
No additional landscaping is necessary.
(7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of
Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable
lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth
in the CUP approved by the City Council.
The plans have been prepared by a civil engineer.
(8) The use is subject to such other additional conditions which the Planning Commission may find necessary to
protect the general welfare, public safety and neighborhood character. Such additional conditions may be
imposed in those situations where the other dimensional standards, performance standards, conditions or
requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In
these circumstances, the Planning Commission may impose restrictions and conditions on the CUP which are
more stringent than those set forth in the Ordinance and which are consistent with the general conditions above.
The additional conditions shall be set forth in the CUP approved by the Planning Commission.
The City Council may revise recommended conditions or attach additional conditions, as they deem appropriate to protect
the general welfare, public safety, and neighborhood character.
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The Conditional Use Permit is hereby approved subject to the following conditions:
a) The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after City Council
approval.
b) A building permit shall be issued prior to the construction of the antenna.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit to allow an amateur radio
antenna over 15 feet in height in the R-1 Zoning District. The contents of Planning Case File #EP05-163 is hereby entered into
and made a part of the public record and the record of the decision for this case.
Passed and adopted this 18th day of July, 2005.
YES NO
HauClen X Hauaen
FleminCl X Flemina
LeMair X LeMair
Petersen X Petersen
Zieska X Zieska
{Seal}
Frank Boyles, c?:-Lcif-
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