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HomeMy WebLinkAbout2005.07.14 PC MinutesMINUTES HUGO PLANNING COMMISSION JULY 14, 2005 Call to Order Chairman Schumann called the meeting to order at 7:04 p.m. PRESENT: Bailly, Kleissler, McRoberts, Schumann, Weidt ABSENT: Hoffbeck, Rosenquist ALSO PRESENT: Bryan Bear, Community Development Director (CDD) Michele Lindau, Community Development Assistant Minutes of June 23, 2005 Weidt made motion, Kleissler seconded, to approve the Planning Commission minutes and the City Council and Planning Commission joint meeting minutes of June 23, 2005 as submitted. Ayes: Kleissler, McRoberts, Schumann, Weidt Abstain: Bailly Motion carried. Brandt/Ciniular Wireless Conditional Use Permit and Variances The Commission held a public hearing to consider the application of Cingular Wireless, 2515 24th Avenue South, Minneapolis, for a Conditional Use Permit and two variances for construction of a 190 -foot high monopole to be located on the Brandt property at 15380 Keystone Avenue North. The CDD explained that one of the variances would be from the ordinance requirement that towers be setback of 190 feet from the property line. The proposed tower would only be 120 feet from the property line. The other variance is from the ordinance requirement that there be a 500 - foot setback from any residential structure. The proposed tower would be approximately 220 feet from the home located on the property. The CDD presented Radio Frequency (RF) maps that had been submitted by the applicant showing existing coverage and the coverage that would be available with the construction of the proposed tower. Staff was informed that a tower was proposed for a location in Marine on St. Planning Commission Minutes — July 14, 2005 Page 2 of 4 Croix but the applicant had not shown how a tower in that location would impact the coverage for the area. Wireless communication towers and antennas are subject to regulations in Chapter 35 of the Hugo City Code and are federally regulated by the Telecommunications Act of 1996. The CDD explained how the proposed tower did not meet all the requirements relating to the location of the tower. He explained that the applicant failed to show that it was not feasible to locate the tower on an existing structure and failed to show why the proposed location was preferred over other areas such as The Kelly Land and Cattle property in Hugo, which is heavily wooded and a tower could be located with minimal visual impact to other property owners, or along the Xcel Energy power easement where there are existing 160 foot high poles. Schumann opened the public hearing. Debra Weiss, agent representing Cingular Wireless, explained that site selection was driven by consumer needs and demands for coverage from users. She said that sites to the north or south would provide overlapping coverage and the site in Marine on St. Croix was only a proposed site so she did not provide any data on non -existing coverage. Ed Tschida, 9822 152nd Street North, questioned why they would want to put the tower on a 20 acre parcel when there were much larger parcels in the area. Kate Ankenbauer, 10257 152nd Street North, said she was against the construction of the tower. She said that even though it was a rural area, the homes were close together and the tower would be in view from her home. Larry Ehret, 14604 Keystone Avenue North, said he was approached by the tower company first and declined to have it on his property because he was concerned that it would be too visible and affect the value of his property. David Thomas, 10105 152nd Street North, said the tower would be in view from his home and there were other areas the tower could be located. Larry Ankenbauer, 10257 152nd Street North, said he was against the tower because it would be in his view and he was concerned about the valuation of his property. He asked if there would be lights on the tower and the CDD said there would not. Kate Ankenbauer said that she had AT&T (now Cingular) service a while ago and never had any trouble with reception at her home. There were no other comments and Schumann closed the public hearing. Debra Wiess asked for a continuance of the application and asked to wave the time deadline according to State Statue 15.99. Planning Commission Minutes — July 14, 2005 Page 3 of 4 McRoberts suggested the tower be moved to another location on the property to eliminate the variance for the side yard setback. He also asked the applicant to provide an RF map showing a comprehensive analysis of all other sites, and provide an analysis of other properties located in the vicinity. Weidt made motion, McRoberts seconded, to recommend denial of the application for the tower. Ayes: McRoberts, Weidt Nay: Bailly, Kleissler, Schumann Motion denied McRoberts made motion, Weidt seconded to recommend denial of the setback variance to locate the tower closer to the property line than required. All Ayes. Motion carried. McRoberts made motion, Schumann seconded, to table the request for 30 days to allow the applicant to move the location of the tower on the site to meet the required setback, and provide data/information to justify why the tower needed to be located on the Brandt property. Chuck Haas, 15500 Keystone Avenue North, asked the CDD to comment on whether it was reasonable to collect all the data within the 30 day period and whether, under Statute 15.99, the City wanted to accept the request for the deadline extension. The CDD acknowledged that it would take some time for the applicant to gather the data and that under State Statute, the City had the ability to accept the written request of the applicant to waive the time deadline requirements. He indicated that he would consult with the City Attorney to see if he was comfortable with the letter as written by the applicant. Ayes: Bailly, Kleissler, McRoberts, Schumann Nay: Weidt Motion carried. McRoberts questioned whether the public hearing would be reopened. Schumann said he felt the application would be modified enough to require the public hearing be reopened. McRoberts directed staff to re -notice the property owners when the application was to be considered again by the Planning Commission. The Commission took a five minute break. Leibel Minor Subdivision and Conditional Use Permit for Accessory Building The Commission held a public hearing to consider the application of Curt Leibel, 16675 Henna Avenue North for a minor subdivision to create two 10 -acre lots on the 20 -acre parcel and a Planning Commission Minutes — July 14, 2005 Page 4 of 4 Conditional Use Permit to allow an accessory structure to remain on a ten -acre parcel without a principal structure. The property is located in the Agricultural Zoning District. In the spring of 2004, a home was constructed on the 20 acre parcel. The applicant is requesting to subdivide the property where the home would be on one 10 -acre parcel and the accessory building would be on the other parcel, which would be sold as a future home site. Staff recommended the applicant provide to the City a $5,000 escrow to ensure the demolition of the accessory structure if a building permit is not acquired within one year of the recording of the subdivision. Staff inspected the site and noticed exterior storage near the detached garage and recommended that all exterior storage be removed from the site before the minor subdivision is recorded. Schumann opened the public hearing. Dean Stedt, 7416 132"d Street North, said he thought the Commission should approve the subdivision and conditional use permit. There were no other comments and Schumann closed the public hearing. McRoberts made motion, Bailly seconded, to recommend approval of the minor subdivision and the draft conditional use permit for 16675 Henna Avenue North. All Ayes. Motion carried. Miscellaneous The CDD informed the Commission that the committee to review home occupations would be meeting and fully evaluating interim use permits. The CDD reminded the commission that a joint meeting with the Council was scheduled for 6:00 on Monday, July 18, 2005 to discuss the downtown design standards Adiournment McRoberts made motion, Bailly seconded to adjourn at 8:50 p.m. All Ayes. Motion carried. Michele Lindau, Secretary Planning Commission