24-072 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 6096280
Certified, filed and/or recorded on
Sep 17, 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 162 Pkg ID 2712424M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
SHOREWOOD
Dated: August 28, 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 24-072: 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 August 26, 2024. The attached Resolution 24-072 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 26th day of August 2024.
Sandie Thone
City Clerk
DRAFTED BY: 5 D
SHOREWOOD CITY CLERIC'S OFFICE
5755 COUNTRY CLUB ROAD
SHOREWOOD, MN 55331
I"
® PRINTED ON RECYCLED PAPER
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 24-072
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
FOR AN ANTENNA COLLOCATION ON AN EXISTING MONOPOLE AND
RELATED EQUIPMENT AT 24283 SMITHTOWN ROAD
WHEREAS, AT&T Mobility (the "Applicant") 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 August 20, 2024, the minutes of the meeting
are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on August 26,
2022, at which time the staff memorandum and the Planning Commission's recommendations
and the public comments received were reviewed and comments were heard by the City
Council from the Applicant 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 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
July 11 and 16, 2024 (the "Plans").
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 accessory equipment near the tower 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 applicant shall revise the plans to provide a dimension between the generator
and the equipment pad to the rear property line that indicates the setbacks
required by city code will be met.
3) The antennas, structural reinforcements, and all equipment installed on the tower
shall be painted or factory coated to match the existing monopole.
4) 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.
5) Add a minimum of three, six-foot conifers to help screen the additional equipment
from the park property to the south.
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. If permits for the needed
work are required by the DNR, they must be provided to the city.
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.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 26th day of
August, 2024.
ATTEST:
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Sandie Thone, City Clerk
3
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adle, Mayor