HomeMy WebLinkAbout08-11PC T-Mobile CUPDoc. No. T 191931
Yol.22 Page 294 Cert.6538
OFFICE OF THE REGISTMR OF TITLES
SCOTT @UNry, MINNESOTA
certmed Fited on 09-02-2008 at 08.10
l%t Boeckman, Registrar of Ttfle"
0.,
Fee: g 56.00
cc.
FEES PAID
Scott Couttty Latd Records
Receipt No.: 7t? L:q3
Dated: 8'6-C8
STATE OFMINNESOTA)
)ss'
coUNTYOFSCOTT )
The undersigned, duly qualifred and Planning secretary for the city ofPrior Lake, hereby
certifies the attached hereto is the origmal true and correct copy of
CONDITIONAL USE PERMIT
RESOLUTION (l8.11PC
APPROVING A CONDITIONAL USE PERMIT TO ALLOW A COMMUNICATIONS TOWER WITH
A REDUCED SETBACK IN RELATION TO A PUBLIC STREET
July,2008.
T-Mobile-CUP 08-129
25-110-034-0
OWNER OF RECORD :
Please retum document to:
City cf Prior Lake
Attn: Connie Carlson
4646 Dakota Street SE
Prior Lake. MN 55372
M. EMMETT KNOX
JOHN P. KNOX &
AND MARIE J.
DOROTHY S.
KNOX, HUSBAND & WIFE i
KNOX, HUSBAND & WIFE.
I \dcltwo dbld'l&mtru.6Py d@
f,s
3rrur--.rsor !
4646 Dakota Street S.E.
Prior L-ake, MN 55372-1714
CONDTflONAL USE PERMIT
RESOLUTION (}84IPC
APPROVING A CONDITIONAL USE PERMIT TO ALLOW A COMMUNICATIONS TOWER WITH A REDUCED SETBACK IN
RELATION TO A PUBLIC STREET
MOTION BY: Perez SECoND BY: Fleming
WHEREAS.
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
The Prior Lake Planning Commission conducted a public hearing on July 14, 2008, to consider an
application from FMHC for a Conditional Use Permit (CUP) to allow a communications tower with a
reduced setback in relation to a public sfeet; and
Notice of the public hearing on said CUP was duly published in accodance with the applicable Prior
Lake Ordinances; and
The Planning Commission poceeded to hear all persons interested in this CUP and peBons
interested were afforded the opportunity to present lheir views and objections related to the CUP; and
The Planning Commission approved the CUP with specilic conditions; and
The Planning Commission tinds the proposed CUP is compatible with the stated purposes and intenl
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 ol 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 Planning Commission hereby adopts the following findings:
Section 1'108.200 ofthe Citv Code sets forth the qeneral crlteria utilized to review a CUP application.
(1) The use is consistent with and supportive of the goals and Pollcles of the Gomprehensive Plan'
One of the objectives of the Comprehensive Plan is lo "maintain orderly developmenl of and access to utilities' and to
'keep abreast of developments in communications and infomation teclnology md potential impacts on CW development"
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 detrimentat to the health, safety, morals and general welfare of the community as a whole'
The use will not be detrimental to the health, safety, and general welfare of the community as a whole. In fact, if approved,
the antennas would provide for increased safety to the community.
(3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use Dishict in which the
Conditional Use is located.
Communication towers and antennas are a permitted use the Residential Zoning Districts according to Section 1110.503 of
the City Code.
L:\08 FILES\08 CUP'S\T-Mobile Towedrcsolution.doc www.cityofpriorlake.com
Phone 952.447 .9800 ,z Fax 952.M7 .4245
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(4) The use will not have undue adverse impac,b on govemmental hcllltles, services, or improvements, which are
either existing or proposed.
The proposed use will not have undue adverce impacts on govemmental facilities.
(5) The use will not have undue adverse impacb on the use and enjoyment of propeilies in close proximity to the
conditional use.
The use will not have undue adveme impacts on the use and enjoyment of prcpedies in close proximity. The tower and
antennas have a low profile and the equipment will be scEened by fencing.
(6) The use is subject to the design and other requlrements of slte and landscape plans prepared by or under the
direction of a professional landscape archltec't, or clvll engineer registered in the State of Minnesota, approved by
the Planning Gommlssion and incorporated as part of the conditions lmposed on the use by the Plannlng
Commission.
The tower will be colored in a subtle, brown tone and the equipment will be screened with fencing to match the existing
fencing on sile.
(7) The use ls subject to dralnage and utlllty plans prepar"d by a prot$slonal clvll englneer 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 faclllties. The plans shall be Included as part of the conditions set forth
in the CUP approved by the Gity Council.
The plans have been prcpared by a rcgistered engineer.
(8) The use is subjec,t to such other addltional condltlons whlch the Planning Commission may ftnd necessary to
protec't tre general welfare, public safety and nelghborhood charac{er. Such additional conditions may be
imposed in those situations where the other dimemlonal standards, performance standards, conditions or
requiremenb in this Ordinance are insufficient to achieve the objec{lves contalned in subsection 1108.202. In
these circumstances, the Planning Commlsslon may impose restrictions and conditions on the CUP which are
more stringent than those set fodh in the Ordinance and whlch a.e conslstent with the general conditions above.
The additional conditions shall be set forth tn the CUP approved by the Planning Commission'
The Planning Commission may rcvise the recommended ondilions or attach additional conditions as lhey deem
appropriate to prctect $e general welfarc, public safety, and neighbofiood character.
The Conditional Use Permit is hereby apprcved on the prcperty legally descdbed as follows:
Parlq Willows 3d Addition, Scott County, Minnesota.
2{- ltc - c>4 -c
The Conditional Use Permit is hereby approved subject to fre following onditions:
1. The applicant must rcceive a building permit prior to any construction on the site.
2. The applicant shall prcvide sceening for the equipment stand on the west side of the fenced enclosure.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby granb a Conditional Use Permit to allow for a
communications torver with a reduced setback in rclation to a public st€et. The contents of Planning Case Files # EP08-129
Passed and adopted his 14h day of July, 2008.
Danette Walthers-lvloore, Community Development & Nafural Resources Dircclor
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