14-10933r RESOLUTION NO. 10933
RESOLUTION APPROVING A
CONDITIONAL USE PERMIT AND VARIANCES
TO ALLOW CONSTRUCTION OF A
75-FOOT TELECOMMUNICATION TOWER AND ACCESSORY STRUCTURE
AT 1901 66TH STREET EAST
WHEREAS, an application has been filed with the City of Richfield which requests a
conditional use permit and variances to allow the construction of at�5-foot
telecommunication tower at property commonly known as 1901 66 Street East (Richfield
Public Works Maintenance Facility, herein "The Property"), property legally described as:
Lot 1, Block 1, Richfield Maintenance Facility, Hennepin County, Minnesota
WHEREAS, the Planning Commission of the City of Richfield recommended
approval of this requested conditional use permit and variances at 1901 66`" Street East at
its April 28, 2014 meeting; and
WHEREAS, this requested conditional use permit at 1901 66th Street East meets
the requirements necessary for issuing a conditional use permit as specified in Richfield's
Zoning Code, Section 547.09; and
WHEREAS, this requested conditional use permit at 1901 66th Street East meets
the requirements necessary for issuing a conditional use permit for a telecommunication
tower and related features as specified in Richfield's Zoning Code, Section 544.25; and
WHEREAS, the Zoning Code allows no more than one accessory building on
properties in the General Commercial (C-2) district. Further, Code requires that accessory
buildings are located a minimum of 25 feet from street side lot lines; and
WHEREAS, Minnesota Statutes Section 462.357, Subdivision 6, provides for the
granting of variances to the literal provisions of the zoning regulations in instances where
their enforcement would cause "practical difficulty" to the owners of the property under
consideration; and
WHEREAS, based on the findings below, the Richfield City Council approves the
requested variances from Richfield Zoning Code Subsections 534.05, Subd. 4; 534.11;
and
WHEREAS, the City has fully considered the request for approval of the conditional
use permit;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. The City Council makes the following general findings:
a. The Property is zoned General Commercial (C-2).
b. The Zoning Code states that no more than one accessory building shall be
located on a property in the C-2 district. The proposed accessory building would
be in addition to an existing accessory building on the Property used by Richfield
Public Works. A variance from Subsection 534.05 is required.
c. Code states that minimum street side setbacks shall be no less than 25 feet.
The proposed building is set back 11 feet 10 inches. A variance from
Subsection 534.11 is required.
2. With respect to the application for variances from the above-listed requirements, the
City Council makes the following findings:
a. Strict enforcement of Richfield Zoning Code Subsections 534.05, Subd. 4; and
534.11 would cause a practical difficulty. The proposed antenna tower meets all
requirements, but cannot be constructed without an enclosed storage building to
house telecommunications equipment. Constructing an antenna tower and
equipment building on this site is a reasonable use of The Property.
b. Unique circumstances affect the Property that were not created by the applicant.
The City's Public Works Maintenance Facility roperty is platted as an atypical
"teardrop" shape. The proposed storage building lies in the narrowest point of
the Property and therefore cannot meet all setback requirements.
c. Granting the requested variances will not alter the character of the
neighborhood. The proposed use is separated from any residential property by
Minnesota State Highway 77 and is adjacent only to the Public Works
Maintenance Facility and the airport.
d. The variances requested are the minimum necessary to alleviate the practical
difficulty. The proposed variances will allow the construction of an antenna
tower and equipment building on the Property.
3. Based on the above findings, a variance is hereby approved to permit a second
accessory building on the Property.
4. Based on the above findings, a variance is hereby approved to reduce the minimum
street side setback to 11 feet 10 inches.
5. A conditional use permit is issued to allow a 75-foot telecommunication tower, as
described in City Council Letter No. 92, on the Subject Property legally described
above.
6. This conditional use permit is subject to the following conditions in addition to those
specified in Section 547.09 of the City's Zoning Ordinance:
• The applicant shall be responsible for maintenance of the landscaping
and proposed "Driveable Grass" system. Any trees that die shall be
replaced. The applicant shall be responsible for snow removal to access
the site; and
• That the recipient apply for building permits as required prior to any work,
beginning; and
• Issuance of building permits will be conditioned on approval from the
Federal Aviation Administration and Metropolitan Airports Commission;
and
• That the recipient of this conditional use permit record this Resolution with
the County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and
the City's Zoning Ordinance Section 547.09, Subd. 8.
7. This conditional use permit shall expire one year after it has been issued unless 1)
the use for which the permit was granted has commenced; or 2) Building permits
have been issued and substantial work performed; or 3) Upon written request of the
applicant, the Council extends the expiration date for an additional period not to
exceed one year. Expiration is governed by the City Zoning Ordinance, Section
547.09, Subdivision 9.
8. This conditional use permit shall remain in effect for so long as conditions regulating
it are observed, and the conditional use permit shall expire if normal operation of the
use has been discontinued for 12 or more months, as required by the City's Zoning
Ordinance, Section 547.09, Subd. 10.
Adopted by the City Council of the ity of Richfield, Minnesota this 13th day of May
2014.
Debbie oette , Mayor
ATTEST:
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