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00-0460 RESOLUTION NO.00-046 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR U.S WEST WHEREAS, U.S. West Wireless Services, LLC (Applicant) has an interest in the real property located at 19395 State Highway 7 in the City of Shorewood, County of Hennepin, State of Minnesota, legally described on Exhibit A, attached; and WHEREAS, the Applicant proposes to construct a telecommunications monopole and ground equipment on the property as shown on Exhibits B-D, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied for a conditional use permit pursuant to Section 1201.02 Subd. 21 of the Shorewood City Code; and WHEREAS, Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 3 March 2000, which memorandum is on file at City Hall; and WHEREAS, Applicant's request was reviewed by the City Engineer, and his recommendations were duly set forth in a memorandum to the Planning Commission dated is 2 March 2000, which memorandum is on file at City Hall; and WHEREAS, Applicant's request was reviewed by the City's Telecommunications Consulting Engineer, and his recommendations were duly set forth in a letter to the City, dated 1 March 2000, which letter is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 7 March 2000, the minutes of which meeting are on file at City Hall; and WHEREAS, Applicant's request for a conditional use permit was considered by the City Council at their regular meeting on 27 March 2000, at which time the Planner's memorandum, the Engineer's memorandum, the Consulting Engineer's letter, and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Subject Property is located in an C-3, General Commercial zoning district. 2. That the Subject property contains approximately 2.5 acres of land and is currently occupied by Minnesota Mini -Storage, a self -storage warehouse business. 3. That the Applicant proposes to build a 100-foot tall monopole tower and proposes to locate telecommunications equipment at the base of the tower. 4. That the proposed ground equipment will be screened from view by an existing fence surrounding the Mini -Storage property, which property is accessed by an electronic security gate.. 5. That the monopole structure has been structurally designed to hold three telecommunications carriers. 6. That the City's telecommunications consulting engineer has verified that the existing city water tower, located at Highway 7 and Old Market Road would not satisfy the Applicant's service coverage needs. 7. That the City's telecommunications consulting engineer has conducted a frequency modulation study and determined that the proposed facility will not interfere with the customary transmission of radio or television signals in the area. 8. That the proposed monopole and ground equipment comply with the setback requirements of the Shorewood Zoning Code. • 9. That the proposed tower is separated from residential uses by 200 feet to the east and 300 feet to the south. CONCLUSIONS l . That based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit subject to the following: a. The communications monopole and equipment shall be constructed in accordance with the information provided to the Planning Commission and in accordance with the recommendations of the City Planner, the City Engineer and the City's Telecommunications Consulting Engineer. b. The monopole structure shall be built so as to accommodate up to two additional telecommunications carriers besides U.S. West. C. The monopole structure shall be painted a powder blue color similar to the Shorewood water tower at State Highway 7 and Old Market Road. The color shall be subject to review and approval by the City Engineer. d. If any of the proposed ground equipment extends higher than the existing fence, the Applicant shall provide the City with a landscape plan, prepared by a -2- registered landscape architect, providing for year-round screening of the • equipment. 0 If That future changes to the ground equipment or the design of the antenna equipment shall be subject to review and approval of the Shorewood City Council. f. At least annually, the owner of the telecommunications equipment and antennas must provide the City with evidence of FCC radiation emission compliance. Failure to provide such information shall result in the City conducting its own testing and billing the owner for the City's expense. 2. That the City Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of May, 2000. WOO Y LOVE, MAYOR ATTEST: r' BRADLEY J. r EN, A ING CITY ADMINISTRATOR -3- Legal Description: • "Tract A That part of Lot 15, Vine Hill, described as follows: Commencing at a point on the east line of said Lot 15, distant 375 feet south of the northeast comer thereof; thence due West 330 feet; thence South along a line extending to a point 330 feet due East of the northwest corner of said Lot 15, said last described line hereinafter described as "Line A', a distance of 48.1 feet to the actual point of beginning; thence northeasterly a distance of 135.7 feet, more or less, to a point on the west line of the east 197.6 feet of said Lot 15, distant 20 feet south from its intersection with the line extending due west from the point of commencement; thence South along said west line of the east 197.6 feet to the south line of said Lot 15; thence West along said intersection with a. line drawn due east from the northwest comer of said Lot 15; thence East along said last described line of a point thereon distant 330 feet east of the northwest comer of said Lot 15; thence North to the actual point of beginning. Excepting therefrom the north 100 feet of that part of the above described property lying west of the southerly extension of said "Line A", according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; except that part which lies northeasterly of Line 1 described below: Line 1: Commencing at the Southwest corner of Tract A hereinbefore described: thence run North on the West line of said Tract A for 43 feet to the point of beginning of line 1 to be described; thence deflect to the right at an angle of 62 degrees 00 minutes 00 seconds for 134.19 feet, more or less, to the North line of said Tract A and there terminating. ALSO Tract B: Parcel 1: The east 197.6 feet of that part of Lot 15, Vine Hill, lying south of a line running due West from a point in the east line of said Lot distant 375 feet south from the northeast comer of said Lot 15. Except the north 20 feet thereof. Except County Road No. 78, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. Parcel 2: The north 20 feet of the east 183 feet of that part of Lot 15, Vine Hill, lying south of a line running due West from a point in the east line of said Lot, distant 375 feet south from the northeast comer of said Lot 15. Except County Road No. 78, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County." 9 Exhibit A U • • a till $ 0 f Cy) r -=5 0 f= ¢3 W Z 0 U N O Z Y U m U m • F*a ti t `h TIJ \ 2 i.OSLX.O£) ONO ma C 3 1 3 / Q O ONI_SIX3 0 ` � I zZ h p W c Z_ y W •\ ¢ 3 NI N ,`'''(� La O.J I Wm N1 JLj I+. .\I ZZaat \lI U5 - �[ Z Z [ v70 Q� I ©Cu W, ul x�} `Z1a f Z N ^ _= [ I XC N Z 1 W W I 0 i W z Zc t n a It X= W U 2 W �, I Wm I 11 1 / NM 1 (.Zix.OZ) \.01:[.CZ) v c {�a..I W W W O 1 ONIOII(18 J I F� V) I ONIISIX3 ON101ina ONIIS1X3 c N a m Ivi t [ u2i0� y c /\JVI ~3 cY. I w I ! \ 3m I [ ZW I V W 1 ( OJ = Obpb 3�b1N�a� < U— v o ( m c _¢ z • I / ; z 25 U I 1 ( W t c 1 ¢ ( g I I 1, z Iof o � 1 e \ I o t t I Exhibit B luj • J a J a a I a a Id C W uj � f o ¢u O O^ 3 N j U w Z _ Z y U X W �L WO Z V) NV 1 W ^ - Id \� W J J a U� o _m � o (L ° za z� o v_)OW qa X a:z W Wa= x : s J' a t 0 x %w J W J' VI Z F- �� W W Y 3(L O ` W C 1 00 ? z 'x �Q _2 LJ CE W 1 J X /6. W �- K V Z a v z z a a •- V1 W � ?C = } S- J wC �?uf 3Z WUW ZZ Q.0 ZU� ►j a � O W m gw Z LU o Exhibit C • • • TRILOCATA13LE US WEST MONOPOLE (GALVANIZED) 3'-0" LIGHTNING ROD 100'-0" US WEST ANTENNAS GPS EXISTING 6FT. EXISTING ANTENNA HIGH WOOD BUILDING PRIVACY FENCE -� BEYOND EXISTING Z/1 BUILDING EXISTING TRANSFORMER US WEST BEYOND EQUIPMENT BEYOND FENCE FRO AGE ROAD WEST ELEVAT{0N SCALE: 1 /� s"_ 1-o" Exhibit D