07-25-1994 Council Packet - Laserfiche WebLink

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••the Kinihum procticeblc regulation [necessary; to acooeplish the local authority's legitimate purpose.- PRB-1 1 25. The city Informed Pentel that her application had been denied via a bare-bonea letter that did not list any bases for the denial, because the city council failed to sake any factual findings,- acs uKit. near - r.un Club V. CttV Pt .BUgfl. 2«» (hlnn. !»•«) (holding in a case revlevlng a city council's denial of a special-use permit that a cryptic listing of reasons for the denial did not constitute factual findings) ,• aiTUrfinaiChOOt Y. OSK ..e mendata Heights. 33« N.W.Jd 503, 50* n.7 (Hlnn. l»»3) (stating that variances and special-use permits are treated identically on ludlclal review), we need not consider whether, if it had, such findings would be afforded preclusive effect here, U* universltv -renn. V. tlliOtt. 478 O.S. 7*8, 7»7-»» (1*8«). Although the city failed to make any factual findings, the planning report and hearings suggest four potential justifications for the city's denial of Pentel's variance application. «e now turn to those justifications, first, the city had no reason to fsar thst the antenna would Interfere with other resldenta television and radio reception.- the clty'a planning report atates that Pentel was prohibited by the fCC from causing, and that she could lose her license if she failed to correct, such a problem. Second, the city expressed concerns about the tower's safety in light of the strong winds that freguent the Mlaslsslppl River valley. Pentel pre.ented »o the city the manufacturer's -Mendota Heights. Kinn., i variance states that the city council's action ‘J'L ..n, application -shall constitute a finding sod City council that the conditions reguired f with any;;;St.- mis eonclusory language does »ot Provide c^rt with ^y Cecua-snted. enumerated factual findings „otnave made factual findings for its purposes, out It has not ours. 7 .