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BHICGS axd MORGAN October 8, 1990 Page 2 Essential Services. This Zoning Chapter shall require a permit for all structures including utility poles, and right-of-ways which are an integral part of a system for public transportation, as for transmitting power, water, heat, communicationi, gas or sewage by any public utility. The Council shall grant a conditional use permit only after a showing that the public safety, health and welfare will not be harmed by the essential services. (Emphasis added.) Under this provision, a permit must be granted unless it is demonstrated that the public safety, health and w-clfare will be harmed. A cellular telephone system is low powered and the pVoposed site is safe and spacious. Moreover, the cellular telephone system contributes to the public welfare by improving the communications infrastructure. For e.xample, the effectiveness of the ”911’’ emergency reporting system is improved with the cellular telephone system. The Federal Communications Commission has also determined that cellular telephone systems are in the public interest. The nature of the system and its increasing importance qualify it as a telephone public utility for pu poses of the Code. It is important to note that any opposition to the Tower because of any impact on the "view” of the surrounding residents is not sufficient to deny the conditional use permit. The Minnesota Supreme Court indicated that "aesthetic concerns cf neighboring landowners will not rise to the level of '.crious, health, safety, or public welfare considerations which justify denial of a speciai-js.. r>; .'mit." Luger v. dry of Burnsville, 295 N.W.2d 609, 612 (Minn. 1980). THE TOWER IS A CONDITIONAL USE IN THE RR-IB DISTRICT As an alternative or in addition to being an allowable "essential service," the Tower is a permitted conditional use in the RR-IB residential district, because *i ts a public service structure" under Sec. 10.20, Subd. 3.D. (Conditional uses in the RR-IE District arc generally the same as those in the R-IA District. Sec. 10.28, Subd. 2.A.) The definition of "public service structure" is broadly inclusive and includes structures such as the Tower. In addition to noting that the Tower is a "public service structure," it is also important to note one thing that the Tower will not be. The Tower will not be a principal use of the lot within the meaning of Sec. 10.02.75 and Sec. 10.03, Subd. 7 which prohibits the location of more than one principal building on any one lot. The church will remain the principal use of the lot. The Tower will become part of the communications infrastructure of the metropolitan area in a manner similar to electric transmission lines and similar public service and utility facilities which exist on many residential, commercial, and agricultural propert.-cs.