HomeMy WebLinkAbout2007.11.19 RESO 2007-0059RESOLUTION 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.
Resolution 2007- 59
Page 2
9. The proposed tower would not damage or reduce the benefits from any public waters.
10. The tower would not involve the use of watercraft.
11. The proposed tower does not seem to be visible from public waters, however it may
be physically impossible to screen the tower. If the applicant can demonstrate that
the tower is needed, the City has limited discretion in reviewing for this requirement.
12. The proposed communication tower would not impact any wetlands per the wetland
delineation completed by the applicant.
13. The applicant will be responsible for obtaining all state and local permits.
14. The proposed tower may be visible from non -compatible use and public rights-of-
way, however it may be physically impossible to screen the tower. The tower is
approximately 800 feet from the public right-of-way on 147th Street. If the applicant
can demonstrate that the tower is needed, the City has limited discretion in reviewing
for this requirement. The staff believes the proposed location is a good location for
the tower because of the trees in the area are able to screen the base of the tower.
ADOPTED by the City Council this /day of 2007.
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ATTEST:
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Mary reager, City Clerk