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a) A 9-foot variance from the maximum height requirement for wireless communication facilities, which require that the maximum height of wireless communications facilities within the PF — Public and Quasi -Public (open Space districts is 125 feet, to allow a 125-foot wireless communications facility with a 9- foot lightning rod. b) An 88.5-foot variance from the minimum setback requirement for wireless communications facility, which requires that wireless communications facilities be setback a distance from the property line equal to the height of the tower, to allow a 45.5-foot setback for a wireless communications tower from the easterly property line. c) Variances from the requirements that a variance shall expire if work does not commence within twelve months of the date of granting such variance and that a conditional use permit is void if substantial construction has not taken place within twelve months of the date on which the conditional use permit was granted. 4) That the Variance will be located on property legally described as follows: ALL OF THE FOLLOWING DESCRIBED TRACT WHICH LIES SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY OF SAID ST. P. S. & T. F. RY., (NOW OWNED AND OPERATED BY THE UNION PACIFIC RAILROAD): THAT PART OF THE WEST HALF OF SECTION THIRTEEN (13), TOWNSHIP TWENTY-NINE (29) NORTH OF RANGE TWENTY-ONE (21), LYING WITHIN THE FOLLOWING BOUNDARIES, TO -WIT: BEGINNING AT THE QUARTER POST IN THE CENTER OF THE SOUTH LINE OF SAID SECTION; THENCE RUNNING NORTH ALONG THE CENTER LINE OF SAID SECTION TO A POINT IN THE CENTER OF THE SAINT PAUL & STILLWATER ROAD; THENCE SOUTHWESTERLY ALONG THE CENTER OF SAID ROAD TO A POINT FORTY FOUR (44) RODS WEST OF THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ON A LINE PARALLEL WITH THE WEST LINE OF SAID SECTION TO A POINT IN THE SOUTH LINE THEREOF FORTY-FOUR (44) RODS WEST OF THE CENTER POST IN SAID LINE; THENCE EAST FORTY-FOUR (44) RODS TO THE PLACE OF BEGINNING, EXCEPTING, HOWEVER, A STRIP OF LAND ONE HUNDRED (100) FEET IN WIDTH, BEING FORTY-FOUR (44) FEET ON THE NORTH SIDE AND FIFTY-SIX (56) FEET ON THE SOUTH SIDE OF CENTERLINE OF ST. P. S. & T. F. RY. TRACK. AS CONSTRUCTED OVER AND ACROSS EAST FORTY-FOUR (44) RODS OF WEST ONE-HALF (W I12), AND ALSO EXCEPTING THEREFROM THE EAST 726 FEET OF THE SOUTH 1800 FEET OF THE SOUTHWEST QUARTER (SW114) OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 21 WEST, WASHINGTON COUNTY, MINNESOTA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF, SUBJECT TO THE RIGHT OF WAY OF MINNESOTA TRUNK HIGHWAY NO. 5 (ALSO KNOWN AS STILLWATER BOULEVARD NORTH), AND IS ALSO SUBJECT TO A 20 FOOT ROAD EASEMENT RECORDED BY DOCUMENT NUMBER 328273 IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY, MINNESOTA, AND IS ALSO SUBJECT TO A NORTHERN STATES POWER EASEMENT RECORDED IN BOOK 136 OF DEEDS, PAGE 297, IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY MINNESOTA SECTION 13 TOWNSHIP 029 RANGE 021 5) That strict enforcement of the requirements from which the variance was requested would cause practical difficulties, and that the property owner proposes to use the property in a reasonable manner, as a majority of the site is used by the City for stormwater ponding and is heavily wooded, and so this is the only site on the parcel that would be suitable to construct the monopole. The applicant has reviewed a number of alternatives to the site and found this to be the most suitable. Lowering the tower height to accommodate the lightning pole and Resolution 1 i'• 19