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97-8452r 27 RESOLUTION NO. 8452 RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR A TELECOMMUNICATIONS TOWER AT 200 WEST 78TH STREET Be it resolved by the City Council of the City of Richfield, Minnesota as follows: I. The City Council hereby makes the following findings of fact. FINDINGS OF FACT 1. The City of Richfield (the "City") regulates, by ordinance, commercial wireless telecommunication towers and antennas. 2. The primary source of such regulations is contained in subsection 426 of the City Code which establishes regulations for the height, location, design and installation of commercial wireless telecommunication towers and subsection 531 of the Zoning Ordinance which requires approval of a conditional use permit for towers in the I (industrial) district. 3. On or about January 24, 1997 the City received an application for a conditional use permit (the "Application") from James Moeller, representative for U.S. Tower Providers (the "Applicant"). On or about February 11, 1997 the City received an application fee and additional information from the Applicant to make it a complete application. The Application was to construct a 150 foot telecommunications tower at 200 West 78th Street. 4. The property at 200 West 78th Street is currently occupied by Minnesota Mini- Storage. Seven buildings are located on the property for the purpose of providing rentable storage space. The proposed tower would be located in the center of the property. 5. Subsection 426.05, subd. 3 of the City Code limits CWTS towers and equipment to the rear or interior side yard. Subsection 506.07 provides the following definition for a rear yard: "A yard extending across the entire width of the lot and situated between the rear lot line and the nearest line of the principal building, as projected to the side lot line(s)". Subsection 506.07 provides the following definition for a side yard: "A yard lying between the side lot line and the nearest line of the building extending between the front yard and the rear yard, or in the absence of either such front or rear yard, to the front or rear lot lines". 6. The proposed tower location is not in the rear or interior side yard of the property. . On April 13, 1981, the property owner received setback variances to construct the buildings with a rear yard setback of five feet. The location of the buildings provides insufficient room in the rear and interior side yard of the property for the tower to be located. 7. The Applicant was informed of this situation and told that he needed to apply for and receive a variance or submit a petition to the City requesting a change in the language of the City Code. Resolution No. 8452 -2- 8. The Applicant chose not to petition for a change in the City Code or apply for a variance but requested that the Application be placed on the agenda for Planning Commission review. 9. The Application came before the Planning Commission for review on February 25, 1997. The Applicant appeared at the Planning Commission meeting and was given an opportunity to present evidence in favor of the Application. 10. The Planning Commission expressed concern that the Application did not indicate that any telecommunication companies were prepared to lease space on the tower, it did not contain evidence indicating that the proposed location would fit into the service networks for the number of users they proposed, and it did not include evidence supporting the need for a tower of the proposed height and location. 11. Following a public hearing, the Planning Commission found that the application did not meet the requirements of subsection 426 of the City Code and voted to recommend denial of the Application to the City Council. 12. The Application came before the City Council for review and action at its March 24, 1997 meeting. The Applicant did not appear at the City Council meeting. Following a public hearing, the City Council voted to deny the Application. II. The City Council hereby makes the following conclusions: CONCLUSIONS 1. The proposed tower location fails to meet requirements of subsection 426.05 of the City Code to place the tower in a rear or interior side yard. 2. The Applicant has not applied for or received a variance from the requirement of subsection 426.05 of the City Code that a tower be located in a rear or interior side yard. III. Based upon the foregoing, each of which serves as an independently adequate basis, the Council hereby makes the following decision: DECISION' The application for a conditional use permit by James Moeller for U.S. Tower Providers to allow the construction of a 150-foot telecommunications tower at 200 West 78th Street is hereby in all respects DENIED. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of April, 1997. ~ ~- l'~4:~_ Martin J. Kirsch, J yor ATTEST: ~L ~f,~ Thomas P. Ferber, City Clerk '-