2007.11.19 RESO 2007-0059 - Laserfiche WebLink

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RESOLUTION 2007 - 59 APPROVING A CONDITIONAL USE PERMIT FOR T -MOBILE WIRELESS CORPORATION TO ALLOW A 195 FOOT MONOPOLE TOWER IN THE AGRICULTURAL ZONING DISTRICT ON THE PROPERTY LOCATED AT 8124147TH STREET NORTH WHEREAS, T -Mobile Wireless Corporation has requested approval of a conditional use permit to allow a 195 foot monopole tower, on property located at 8124 147th Street North legally described as follows: The East One -Half (E V2) of the Northeast One -Quarter (NE'/.) of Section Twenty- two (22) Township Thirty-one (31) North, Range Twenty-one (21) West, Washington County, Minnesota WHEREAS, the Planning Commission has reviewed said conditional use permit at a duly called public hearing on November 8, 2007 and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the conditional use permit to T -Mobile Wireless Corporation to allow 195 foot monopole tower, on property located at 8124 147th Street North subject to the following conditions: 1. The tower shall meet all of the requirements listed in the conditional use permit. 2. Communication towers are allowed in agricultural zoning districts subject to the approval of a conditional use permit and the provisions of Chapter 35 of the Hugo City Code. 3. The spirit and intent of the ordinance is to provide a location for a tower to accommodate communication needs of residents and businesses, while protecting the public health, safety, and general welfare of the community. It is in staff's opinion that the applicant has demonstrated the need for the proposed tower in that location, and will protect the public health, safety, and welfare of the community. 4. While the tower may appear to be incompatible with surrounding land uses, the 1996 Telecommunications Act provides restrictions on local zoning controls. If the applicant can demonstrate that the tower is needed to satisfy coverage needs, the City has limited discretion in review of the application. The applicant has demonstrated a need for coverage in this area and has demonstrated a need for an additional tower. 5. The proposed site has adequate utilities to serve the tower. 6. The subject property receives access from 147th Street. 7. The tower would not be located within a floodplain. 8. The tower would not increase the potential for flood damage.