22-026 Approving a Conditional Use Permit for an Antenna Collocation on an Existing Monopole and Related Equipment at 24283 Smithtown Road - recordedExisting Certs
1445486
LAND TYPE Torrens (T)
DOC NUM 5999951
Certified, filed and/or recorded on
Feb 10, 2023 8:00 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 98 Pkg ID 2539316D
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
,�,HOREWOOD
5755 COUNTRY CLUB ROAD ® SHOREWOOD, MINNESOTA 55331-8927 ® (952) 960-7900
FAX (952) 474-0128 • www.d.shorewood.mn.us ® cityhaII@ci.shorewood.mn.us
Dated: January 26, 2023
OFFICIAL CERTIFICATION
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF SHOREWOOD )
I, Sandie Thone, duly appointed City Clerk of the City of Shorewood, Hennepin County,
Minnesota; do hereby certify that the foregoing official RESOLUTION 22-026: APPROVING
A CONDITIONAL USE PERMIT FOR AN ANTENNA COLLOCATION ON AN
EXISTING MONOPOLE AND RELATED EQUIPMENT AT 24283 SMITHTOWN ROAD
was approved by the Shorewood City Council on March 14, 2022. The attached Resolution 22-
026 is a true and correct copy adopted by the Council of the City of Shorewood and is so
recorded in the minutes of a meeting held on the 14th of March 2022.
Sandie Thone
City Clerk
Fly
SWIM 1I7C�•ii
SHOREWOOD CITY C.
5755 COUNTRY CLUB
SHOREWOOD, MN 55'
��� PRINTED ON RECYCLED PAPER
RESOLUTION 22-026
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
FOR AN ANTENNA COLLOCATION ON AN EXISTING MONOPOLE AND
RELATED EQUIPMENT AT 24283 SMITHTOWN ROAD
WHEREAS, SMJ International, LLC., on behalf of Dish Wireless, has applied to add
three telecommunication antennas and other equipment in a triangular array on the
existing monopole and add related ground equipment on the property legally described
as:
Lot 27, Auditor's Subdivision No. One Hundred Thirty-three (133), Hennepin County,
Minnesota, described as beginning at the southeast corner of Block 1, Senn Addition;
thence along the easterly extension of the southerly line of said Block 1 a distance of 85
feet; thence northerly parallel with the east line of said Block 1 to the northerly line of
said Lot 27; thence westerly along said northerly line to the east line of said Block 1;
thence southerly along said east line to the point of beginning.
Subject to a lease agreement dated January 15, 1982 and filed for record December 21,
1982 as County Recorder Document No 4760996 in favor of Chicago Title Insurance
Company, amended by lease amendment dated January 15, 1982 and filed for record
November 8, 1983 as County Recorder Document No. 4843529; with assignment and
assumption of the vendee's interest in said lease in favor of Minneapolis SMSA Limited
Partnership, a Delaware Limited Partnership, dated September 28, 1984 and filed for
record April 16, 1985 as County Recorder Document No. 4985882; and
WHEREAS, the applicant proposes to collocate their equipment on and near the
existing monopole tower; and
WHEREAS, after required notice a public hearing was held and the application
reviewed by the Planning Commission at a regular meeting held an March 1, 2022, the
minutes of the meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on March
14, 2022, at which time the Planning Director's memorandum and the Planning
Commission's recommendations were reviewed and comments were heard by the City
Council from the Applicant, the public and City staff; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA FINDS AS FOLLOWS:
FINDINGS OF FACT
1. The subject property is located in a C -1 General Commercial district, which
allows antenna collocations subject to the approval of a conditional use permit.
2. The applicant's proposal is identified on plans and materials submitted to the City
on December 30, 2021 and January 28, 2022.
CONCLUSIONS
1. The Applicant's plans have satisfied the criteria of a conditional use permit to
collocate antennas under the Shorewood City Code.
2. The Applicant's plans indicate the collocation would be compatible with the
neighborhood and would not tend to depreciate the area.
3. The application would not overburden the city's service capacity and existing public
services and streets.
4. Based upon the foregoing, the City Council hereby grants to the Applicant a
conditional use permit to collocate additional antennas, radio receiving units and
related equipment on the tower and on a new equipment platform within the existing
fenced area as shown on the plans submitted December 30, 2021 and January 28,
2022, subject to the following:
a. The applicant may not proceed with improvements prior to issuance of required
permits.
b. Prior to issuance of permits, the applicant shall revise the plans as follows,
consistent with city code:
1) Provide a third -party special inspector and either structural drawings
stamped by an engineer or a structural report showing that the tower can
support the additional antennas and equipment.
2) The antennas and all equipment installed on the tower shall be painted or
factory coated to match the existing monopole.
3) The ground equipment, other appurtenances and the ice bridge shall be
factory coated or painted to match the accessory building.
c. The applicant shall not install any of the antennas or related equipment on the
tower during osprey nesting season or otherwise disturb the nest.
d. The applicant shall provide 24-hour emergency contact information and the
information shall be kept current and updated as necessary.
e. The applicant shall not install any lights on the tower (unless required by the
FAA) or on the ground equipment.
f. All disturbance of the site shall be restored to preconstruction condition by the
end of the growing season.
5. The City Clerk is hereby authorized and directed to record a certified copy of this
resolution with Hennepin County.
2
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
this 14th day of March, 2022.
J nnifer abadie, Mayor
ATTEST:
7
Sandie Thone, City Clerk