23-022 Approving a Conditional Use Permit for an Antenna Collocation on an Existing Monopole and Related Equipment at 24283 Smithtown Road RECORDEDExisting Certs
1445486
111111111111111111111111111111111111111111111111111111
LAND TYPE Torrens (T)
DOC NUM 6059823
Certified, filed and/or recorded on
Feb 9, 2024 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 168 Pkg ID 2645606M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
Dated: January 23, 2024
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 23-022: 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 February 27, 2023. The attached Resolution 23-022 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 271h of February, 2023.
2&kL.
Sandie Thone
City Clerk
DRAFTED BY:
SHOREWOOD CITY CLERK'S -Ft
5755 COUNTRY CLUB ROAD ;
SHOREWOOD, MN 55331"tr.,.
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. (the "Applicant), on behalf of T-Mobile, has applied
to add six 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 February 7, 2023,
the minutes of the meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on
February 27, 2023, 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.
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 August 18, 2022 and January 13, 2023 (the "Plans").
3. Conditional Use Permits are reviewed subject to section 1201.04 of City Code.
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 are consistent with the policies and provisions of the
Comprehensive Plan.
3. The Applicant's plans indicate the collocation would be compatible with the present
and future land uses in the areas and would not tend to depreciate the area.
4. The application would not overburden the city's service capacity and existing public
services and streets.
5. The establishment, maintenance and operation of this use would promote and
enhance the general public welfare and would not be detrimental to or endanger the
public health and safety.
6. The proposed use conforms to the applicable regulations of the district in which it is
located and otherwise conforms to the applicable regulations of city code.
7. 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 H-frame shall be provided
and shall be full cut-off fixtures that are on a timer and automatically shut
off.
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.
2
e. The applicant shall not install any lights on the tower (unless required by the
FAA).
f. All disturbance of the site shall be restored to preconstruction condition by the
end of the growing season.
8. The City Clerk is hereby authorized and directed to record a certified copy of this
resolution with Hennepin County.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
this 27th day of February, 2023.
ATTEST:
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City Clerk
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Labadie, Mayor