HomeMy WebLinkAboutResolution No. 2006-067
RESOLUTION NO. 2006-67
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
T -MOBILE, USA
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2006-0601) has been submitted by Steve Edwards ofT-Mobile to
the City Council requesting a conditional use permit from the City of Columbia Heights at the
following site:
ADDRESS: 1400 - 49th Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per
Code Section 9.109 (O)(5)(e), to allow a telecommunications tower in the R-l, Single-
Family Residential District.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on June 6, 2006;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect of the proposed conditional use permit upon the health, safety, and
welfare of the community and its Comprehensive Plan, as well as any concerns related to
compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the
surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights
after reviewing the proposal, that the City Council accepts and adopts the following findings of the
Planning Commission:
1. The use is one of the conditional uses listed for the zoning district in which the property is
located, or is a substantially similar use as determined by the Zoning Administrator.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
3. The use will not impose hazards or distributing influences on neighboring properties.
4. The use will not substantially diminish the use of property in the immediate vicinity.
5. The use will be designed, constructed, operated and maintained in a manner that is
compatible with the appearance of the existing or intended character of the surrounding area.
6. The use and property upon which the use is located are adequately served by essential public
facilities and services.
7. Adequate measures have been or will be taken to minimize traffic congestion on the public
streets and to provide for appropriate on-site circulation of traffic.
8. The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is located.
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall
become part of this permit and approval; and in granting this permit the city and the applicant agree
that this permit shall become null and void if the project has not been completed within one (1)
calendar year after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. All required state and local codes will be met and in full compliance.
2. A barbed-wire fence may not be used for security around the tower compound.
3. In lieu of a privacy fence, the applicant shall use a chain link fence surrounding the tower
compound.
4. The telecommunications tower and compound may not be sold, transferred or assigned
without prior notification to the City.
5. No sublease shall be entered into by any provider until the sub lessee has obtained a permit
for the subject wireless communications facility or tower or antenna support structure.
6. The tower design must be certified by a qualified engineer specializing in tower structures
and licensed to practice in the State of Minnesota. The certification must state the tower
design is structurally sounds and, at a minimum, in conformance with the City's building
code and the State Building Code.
7. The applicant shall obtain a building permit prior to construction of the tower.
Passed this 12 day of June 2006
Offered by:
Seconded by:
Roll Call:
Williams
Kelzenberg
Ayes: Peterson, Williams, Nawrocki, Diehm, Ke
Attest:
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" J ;;.t'tAi'Wl' l \.fJ'Ll"~~r '
('Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary