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Home My WebLink AboutRES 2006-15 APPROVING A SITE PLAN AND CONDITIONAL USE PERMIT AND DENYING VARIANCE FOR PROPERTY LOCATED AT 20140 COUNTY ROAD 30 , � � � CITY OF CORCORAN RESOLUTION 2006-15 APPROVING A SITE PLAN AND CONDITIONAL USE PERMIT AND DENYING VARIANCE FOR PROPERTY LOCATED AT 20140 COUNTY ROAD 30 (PIN 11- 119-23-12-0001). WHEREAS, LLC International, Inc., has requested approval of a site plan, conditional use permit and variance for the property legally described as follows: Attachment A NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the site plan and conditional use permit and deny the variance requested by LLC International, Inc., subject to the following findings and conditions: 1. The Site Plan is approved in accordance with the plans and application received on August 19, 2005 and the revisions received on November 16, 2005 and December 15, 2005, except as amended by this resolution. 2. The Conditional Use Permit for a new telecommunications tower is approved based on the finding that the conditional use permit standards in Section 1070.020 and the tower standards in Section 1060.100 of the Zoning Ordinance have been met. Specifically, the City finds that the neither co- location nor construction on public property is feasible. 3. Approval of the site plan and conditional use permit is contingent upon the applicant showing that co-location of the antenna on the power lines located south of County Road 30 is not feasible. The applicant must provide a letter to this effect from the power company prior to issuance of a building permit for construction on this site. 4. A Variance to allow a gravel parking area is denied, based on the following findings: a. The applicant has failed to show that the particular physical surroundings of the farmstead create a hardship to the applicant if the strict letter of the regulations were to be carried out. The City finds that no hardship exists. b. The conditions for the variance are not unique to this parcel. The Zoning Ordinance requires a paved parking area for towers. The requirement for a paved parking lot is applicable to all other possible tower sites. 5. The plans must be revised to show a paved parking lot as required by City Code. Resolution 20�-15 Page 2 6. The applicant shall revise the plans to clearly identify parking stall locations, dimensions and proposed number of stalls for staff review. 7. The cedar wood slat proposed on the outside of the chain link fence shall be provided on all sides of the proposed fenced area. 8. The applicant shall revise the plans to clearly identify the height of the proposed fence and the material details. 9. The applicant shall revise the plans to clearly identify the color, material and height of the accessory equipment to ensure that adequate screening is provided. City staff may require additional landscaping if needed to screen the accessory equipment. 10.Signage shall be reasonably posted and secured to protect against trespass. 11.The tower must be removed within 12 months of the cessation of operation. 12.The tower must be maintained per the provisions as outlined in the zoning ordinance. 13.Building permits are required prior to beginning construction on the site. 14.The plans must be designed in compliance with the Minnesota State Building Code and the Uniform Building Code. ADOPTED by the City Council this 23`� day of March 2006. VOTING AYE VOTING NAY X Cossette, Tom Cossette, Tom X Grabowski, Chuck Grabowski, Chuck X Jacobs, Paul Jacobs, Paul �Lymangood, Chuck Lymangood, Chuck �Thomas, Ron Thomas, Ron b�s-� � Tom Cossette, Mayor City Sea/ ATTEST: � t Bea Lindberg, City Cle 'i " � . Resolution 2006-15 Page 3 Proposed Legal Descriptions Le�al Descriation of Proaertv The West Ha�f of the Northeast Quarter of Section 11, Township 119, Range 23, except the South 485 feet of the West 630 feet thereof, according to the Government survey thereof. Referenced to R.T. Doc. No. 2600548 Le�al Description of Lease Tract A lease tract for telecommunication purposes over, under and across that part of the herein before described property described as follows: Commencing at the southeast corner of the said West Half of the Northeast Quarter of Section 11; thence North 01 degrees 10 minutes 20 seconds East 468.68 feet along the east line of said West Half of the Northeast Quarter of Section 11; thence South 90 degrees 00 minutes 00 seconds West 224.63 feet to the point of beginning for the Lease Tract to be described; thence continuing South 90 degrees 00 minutes 00 seconds West 50.00 feet; thence South 00 degrees 00 minutes 00 seconds East 50.00 feet to a point herein after described as Point "A", thence North 90 degrees 00 minutes 00 seconds East 50.00 feet; thence North 00 degrees 00 minutes 00 seconds West 50.00 feet to the point of beginning; Contains 2500 square feet, being 0.060 acres, more or less. Lec�al Descriation of Access Easement An easement for access purposes 12.00 feet in width over, under and across that part of the herein before described property which lies 12.00 feet northwesterly and westerly of the following described easement sideline: Beginning at herein before described Point "A"; thence South 63 degrees 44 minutes 24 seconds West 29.31 feet; thence South 09 degrees 23 minutes 19 seconds West 87.26 feet; thence South 17 degrees 46 minutes 52 seconds West 92.38 feet; thence South 00 de�rees 23 minutes 02 seconds East 180.79 feet to the northerly right of way of 97 Avenue per HENNPEIN COUNTY STATE AID HIGHWAY NO. 30, PLAT II and said easement sideline there terminafing. '. ' , . Resolution 2006-15 Page 4 The sidelines of said access easement are intended to be extended or shortened to intersect the west line of said lease tract and with said northerly right of way of 97tn Avenue. Contains 4799 square feet, being 0.11 acres, more or less. Les�al Description of Utilitv Easement An easement for utility purposes 12.00 feet in width over, under and across that part of the herein before described property which lies 12.00 feet northeasterly and easterly of the following described sideline: Beginning at herein before described Point "A"; thence South 00 degrees 00 minutes 00 seconds East 22.90 feet; thence South 74 degrees 15 minutes 18 seconds East 160.91 feet; thence South 01 degree 34 minutes 46 seconds East 299.81 feet to the northerly right of way of 97th Avenue per HENNEPIN COUNTY STATE HIGHWAY NO. 30, PLAT II, and said sideline there terminating. The sidelines of said utility easement are intended to be extended or shortened to intersect with the south line of said lease tract and with said northerly right of way of 97�h Avenue. Contains 5,802 square feet, being .013 acres, more or less. . . ' � \�- . � Doc No 4241581 03/29/2006 03:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 204497 Deputy 20 Newcert Cert Fees 1136100 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total �°�i:��1�it� �'-'',�'{� �. � ��3�6 ' r ' � � �(�/�'C� CITY OF CORCORAN COUNTY OF HENNEPIN STATE OF MINNESOTA The undersigned duly qualified and City Clerk of the City of Corcoran hereby certifies that attached hereto is a copy of Resolution #2006— 15, adopted by the Corcoran City Council on March 23, 2006, on file in the office of the City Clerk, City of Corcoran. Dated this 24th day of March 2006. �' .,�,t k� , .�;�.�. 4 4��L�y4� ��t ff C «F cY"�' 1*✓"' wb a %# � •�—�— t�'i,,•°:�w °."°nti'��, ,,.�. � :y 4�;F ! *� ,.. Bea Lindberg, Citv Clerk � ' `� � � �� ;: ,a, `:�,,, �" "� ��.�� «�. �,�, . p r s; w , �,r �.� . d�' ,... . � ../!� ' ra" ,- �pYMI,• �i��"+..� r r✓�.a y _ ,,Af ,,B •s.r r , s a��,,F•��e rl i9 Is d ,. �d`..'�� iC �,�.,. a a�s8r „x�4�d�°.. p' • ,�•:i�'... . ' , ' CITY OF CORCORAN RESOLUTION 2006-15 APPROVING A SITE PLAN AND CONDITlONAL USE PERMIT AND DENYlNG VARIANCE FOR PROPERTY LOCATED AT 20140 COUNTY ROAD 30 (PIN 11- 119-23-12-0001). WHEREAS, LLC International, Inc., has requested approvai of a site plan, conditional use permit and variance for the property legally described as follows: Attachment A NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE ClTY COUNCiL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the site plan and conditional use permit and deny the variance requested by LLC International, Inc., subject to the following findings and conditions: 1. The Site Plan is approved in accordance with the plans and application received on August 19, 2005 and the revisions received on November 16, 2005 and December 15, 2005, except as amended by this resolution. 2. The Conditional Use Permit for a new telecommunications tower is approved based on the finding that the conditional use permit standards in Section 1070.020 and the tow�r standards in Sectior 1060.100 of the Zoning Ordinance have been met. Specifically, the City finds that the neither co- location nor construction on public property is feasible. 3. Approval of the site plan and conditional use permit is contingent upon the applicant showing that co-location of the antenna on the power lines located south of County Road 30 is not feasible. The applicant must provide a letter to this effect from the power company prior to issuance of a building permit for construction on this site. 4. A Variance to allow a gravel parking area is denied, based on the following findings: a. The applicant has failed to show that the particular physical surroundings of the farmstead create a hardship to the applicant if the strict letter of the regulations were to be carried out. The City finds that no hardship exists. � b. The conditions for the variance are not unique to this parcel. The Zoning Ordinance requires a paved parking area for towers. The requirement for a paved parking lot is applicable to all other possible tower sites. 5. The plans must be revised to show a paved parking lot as required by City Code. Rpsolut:or,2006-15 ' Pag�2 6. The applicant shall revise the plans to clearly identify parking stall locations, dimensions and proposed number of stalls for staff review. 7. The cedar wood slat proFosed on the outside of the chain link fence shall be provided on all sides of the proposed fenced area. 8. The applicant sh�ll revise the plans to clearly identify the height of the proposed fence and the material details. 9. The applicant shall revise the plans to clearly identify the color, material and height of the accessory equipment to ensure that adequate screening is provided. City staff may require additional landscaping if needed to screen the accessory equipment. 10.Signage shall be reasonably posted and secured to protect against trespass. 11.The tower must be removed within 12 months of the cessation of operation. 12.The tower must be maintained per the provisions as outlined in the zoning ordinance. 13.Building permits are required prior to beginning construction on the site. 14.The plans must be designed in compliance with the Minnesota State Buifding Code and the Uniform Building Code. ADOPTED by the City Council this 23�d day of March 2006. VOTING AYE VOTING NAY X Cossette, Tom Cossette, Tom X Grabowski, Chuck Grabowski, Chuck X Jacobs, Paul Jacobs, Paul � Lymangood, Chuck Lymangood, Chuck � Thomas, Ron Thomas, Ron /� Tom Cossette, Mayor City Seal ATTEST: �„-.Q Bea Lindberg, City Cler . Reso4ution 2006-15 � Page 3 Proposed Legal Descriptions Leqal Description of ProRertv The West Half of the Northeast Quarter of Section 11, Township 119, Range 23, except the South 485 feet of the West 630 feet thereof, according to the Government survey thereof. Referenced to R.T. Doc. No. 2600548 Leqal Description of Lease Tract A lease tract for telecommunication purposes over, under and across that part of the herein before described property described as follows: Commencing at the southeast corner of the said West Half of the Northeast Quarter of Section 11; thence North 01 degrees 10 minutes 20 seconds East 468.68 feet along the east line of said West Half of the Northeast Quarter of Section 11; thence South 90 degrees 00 minutes 00 seconds West 224.63 feet to the point of beginning for the Lease Tract to be described; thence continuing South 90 degrees 00 minutes 00 seconds West 50.00 feet; thence South 00 degrees 00 minutes 00 seconds East 50.00 feet to a point herein after described as Point "A", thence North 90 degrees 00 minutes 00 seconds East 50.00 feet; thence North 00 degrees 00 minutes 00 seconds West 50.00 feet to the p�oint of beginning; Contains 2500 square feet, being 0.060 acres, more or less. Leqal Description of Access Easement An easement for access purposes 12.00 feet in width over, under and acrass that part of the herein before described property which lies 12.00 feet northwesterly and westerly of the following described easement sideline: Beginning at herein before described Point "A"; thence South 63 degrees 44 minutes 24 seconds West 29.31 feet; thence South 09 degrees 23 minutes 19 seconds West 87.26 feet; thence South 17 degrees 46 minutes 52 seconds West 92.38 feet; thence South 00 de�rees 23 minutes OZ seconds East 180.79 feet to the northerly right of way of 97 h Avenue per HENNPEIN COUNTY STATE AID HIGHWAY NO. 30, PLAT II and said easement sideline there terminating. , Reso4ution 2006-15 ' P�xge 4 The sidelines of said access easement are intended to be extended or shortened to intersect the west line of said lease tract and with said northerly right of way of 97tn Avenue. Contains 4799 square feet, being 0.11 acres, more or less. LeQal Description of Utiliiv Easement An easement for utility purposes 12.00 feet in width over, under and across that part of the herein before described property which lies 12.00 feet northeasterly and easterly of the following described sideline: Beginning at herein before described Point "A"; thence South 00 degrees 00 minutes 00 seconds East 22.90 feet; thence South 74 degrees 15 minutes 18 seconds East 160.91 feet; thence South 01 degree 34 minutes 46 seconds East 299.81 feet to the northerly right of way of 97th Avenue per HENNEPIN COUNTY STATE HIGHWAY NO. 30, PLAT II, and said sideline there terminating. The sidelines of said utility easement are intended to be extended or shortened to intersect with the south line of said lease tract and with said northerly right of way of 97t`'Avenue. Contains 5,802 square feet, being .013 acres, more or less.