Agenda - Council - 04/11/2000 - Laserfiche WebLink

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I I I ! I i I I I I I I I I I I I CASE # REQUEST FOR A CONDITIONAL USE PERMIT FOR A PERSONAL COMMUNICATION SERVICE TOWER; CASE OF U.S. WEST WIRELESS By: Community Development Director Sylvia Frolik Background: The City received an application from U.S. West Wireless to construct and operate a personal communication service (PCS) tower at 17515 St. Francis Blvd. N.W., which is a rural residential parcel owned and occupied by John and Avis Gobernatz. The applicant proposed to lease a 30' x 30' site on the 30 acre parcel for the construction and operation of a 180 foot monopole telephone tower. Equipment.cabinets would be located i'n a 10' x 12' area on the south side of the tower base. There is some existing tree cover in the proposed vicinity of the tower base. City Code restricts tower heights in Residential districts to 75 feet. It also states that City Council may increase the height if it is needed to accommodate a second user and the surrounding topography, structures, vegetation and other factors make the height limit for a complying tower impractical. The Applicant has designed the proposed tower to accommodate 3 other users in addition to U.S. West. They have stated that tl~e height is necessary for seamless coverage and to reduce the mLmber of towers it would take to provide the same coverage with shorter towers. They have not confirmed that the additional height is necessary because, of surrounding topography, vegetation or structures. The proposal was forwarded to Mn/DOT for comments on the proposed access onto Hwy. #47. Mn/DOT indicated that an access permit will be required, and this is an unsafe area of Hwy. #47 and no access will be granted. They recommended access be achieved on 177t~ Ave or finding an alternate site. The proposal was also forwarded to an independent consultant for confm'nation that there are no other structures within a ½ mile radius that would accommodate the proposed antenna. A letter was submitted on January 4, 2000 stating that there are no other suitable existing structures within ½ mile of the proposed location. The Planning Commission conducted a public hearing on January 4 and several residents were present in opposition to the tower on the basis that it is not a compatible use or structure in a residential district. Issues raised at the Planning Commission meeting included the fact that it did not appear that the tower was to be located in Mr. Gobernatz' backyard as required by Code, the access onto #47 was determined to be unsafe, no fencing or additional landscaping beyond ~xisting trees was proposed at the base of the tower, and the proposed height was more than twice that which is allowed by Code in the Residential District. The residents also-expressed concern with health hazards related to tower emissions. The FCC Act of 1996 states that if a tower complies with FCC requirements, then it cannot be denied on the basis of health hazards. The Planning Commission forwarded findings of fact for Council consideration and recommended denial of the application.