22-121 Approving a Conditional Use Permit for an Antenna collocation on an Existing Monopole and Related Equipment at 24283 Smithtown Road - recordedExisting Certs
1445486
11111111111111111111111111111111111111111111111111
LAND TYPE Torrens (T)
DOC NUM 5999953
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.
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 960-7900
FAX (952) 474-0128 • www.d.shorewood.mn.us • cityha1I@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 22-121: A
RESOLUTION 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 November 28,
2022. The attached Resolution 22-121 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 28th of November
2022.
Sandie Thone
City Clerk
4101 6fifyr�<:
DRAFTED BY: Al'
. Z
41''✓ate-�
SHOREWOOD CITY CIJK*I�CE '
5755 COUNTRY CLUIIAPAI') —3 ,1`ZZ
SHOREWOOD, MN 553315;,'�
I,
®� PRINTED ON RECYCLED PAPER
RESOLUTION 22-121
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 AT&T, has applied to add nine
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; (the "Property") 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 on November 15,
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
November 28, 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 September 29, 2022 and October 5 and 18, 2022 (the "Plans").
CONCLUSIONS
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, 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 consistent with
city code and as follows:
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, structural reinforcements, and all equipment installed on the
tower shall be painted or factory coated to match the existing monopole.
3) The fixture details for the lights proposed on the ground equipment shall be
provided and must indicate full cut-off fixtures that are motion activated.
4) Add a minimum of three, six-foot conifers to help screen the additional
equipment from the park property to the south and note that dead trees shall
be removed.
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 operate the generator in conformance with section 1201.03
Subd. 2 m of City Code.
f. The applicant shall not install any lights on the tower (unless required by the
FAA) and only motion -activated, full cut-off lights shall be installed on the
ground equipment.
g. 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 28th day of November, 2022.
r401 mj�7)pmo'
""W—=
ATTEST: