15-11088r RESOLUTION NO. 11088
RESOLUTION APPROVING AN
INTERIM USE PERMIT
TO ALLOW CONSTRUCTION OF A TEMPORARY 75-
FOOT TELECOMMUNICATION TOWER AT 6401 PENN
AVENUE
WHEREAS, the City of Richfield (the City) adopted a Comprehensive Plan in 2009 to
guide the development of the community; and
WHEREAS, the City has adopted a Zoning Ordinance or other official controls to assist
in implementing the Comprehensive Plan; and
WHEREAS, an application has been filed with the City which requests an interim use
permit to allow Vinco Inc. (the "Applicant") to construct a temporary 75-foot telecommunication
tower at 6401 Penn Avenue; and
WHEREAS, the Property is zoned Mixed Use — Community(MU-C); and
WHEREAS, the requested interim use of the property is not permitted in the MU-C
District; and
WHEREAS, the requested temporary telecommunications tower does not meet setback
requirements; and
WHEREAS, the City Council finds that the temporary nature of the proposed interim use
eliminates the adverse effects the prohibition was intended to prevent. Termination of the
permit in approximately seven months eliminates the adverse effects that a telecommunication
tower will have on the area; and
WHEREAS, the City Council finds that the temporary nature of the proposed interim use
warrants waiving certain provisions of the Zoning Code, allowing a reduction in setback
distance to the nearest residential structure from 150 feet to approximately 95 feet.
WHEREAS, the Planning Commission held a public hearing on May 27, 2015 to review
the application for an interim use permit, following mailed and published notice as required by
law; and
WHEREAS, the City Council has reviewed all materials submitted by the Applicant;
considered the oral and written testimony offered by the applicant and all interested parties;
and has now concluded that the application is in compliance with all applicable standards and
can be considered for approval.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield,
Minnesota, as follows:
1. The proposed interim use permit request meets all applicable conditions and restrictions
stated in Subsection 547.15 of the 2007 Zoning Ordinance.
2. An interim use permit for a temporary telecommunication tower by Vinco Inc. at 6401
Penn Avenue, as described in City Council Staff Report No. 85 is approved with
the following conditions:
a. The interim use permit will on December 31, 2015, or upon violation of the
conditions under which the permit was issued, whichever occurs first.
b. That the Community Development Director shall hold discretion to grant a five-
month extension of the interim use permit, to expire no later than May 31, 2016.
c. That the property be returned to its initial state following removal of the temporary
tower and completion of the project.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of June
2015.
Edwina Garcia, Mayor Pro Tempore
ATTEST:
Elizabe anHoose, City -