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HomeMy WebLinkAboutResolution 1359` � � . r �� Clt� o� ORONO �,jr� � _ •IL� . .. .____ ._ _- __ .__ . _.-.. .____ ._. . . 'I'� RESOLUTION OF THE CITY COUNCIL . Q�"• NO. 1359 . � `}�'�z � - � � A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR TIMOTHY J. PETERSEN TO PERMIT THE ERECTION OF AN ANTENNA ON A PROPERTY � LOCATED AT 280 ORONO ORCHARD ROAD WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq. the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, pursuant to 5ection 34. 033 of the Orono Zoning Code, Timothy J. Petersen has applied for a conditional use permit to permit the erection of a 65 foot high antenna at �his rental property legally described as follows: THAT PART OF LOT 2 LYING N A LINE DESC AS FOLLOWS COM AT A PT ON E LINE OF LOT 2 DI'S 224 1 & 10 FT � S FROM S LINE OF LOT 1 TH W AT RT ANGLES 73 'FT TH ' SWLY 239 FT MORE OR LESS TO A PT ON S LINE OF LOT 2 DIS 236 FT E OF SW COR THEREOF ALSO COM AT NW . COR OF LOT 3 TH E 236 FT TH SWLY TO A PT ON W LINE THEREOF DIS 170 FT N FROM SW COR TH N TO BEG; and . jVHEREAS, Ronald L. Trach, fee owner of the above legally described property, has approved the filing of the conditional use permit application by the renter, Timothy J. Petersen, hereinafter referred to as the applicant, of the property located at 280 Orono Orchard Road, hereinafter referred to as the property; and WHEREAS, the applicant and Charles J. Newman, the applicant ' s official representative have assured the City that the antenna is for hobby use only and that the ajustable antenna structure will be kept at the maximum height of 65 ' only when in use and at a 29 ' height when not in use. The applicant will stop all radio transmissions once notified by a neighbor of an interference problem and that he will notify the appropriate agency. The applicant has agreed to work with that agency to determine the cause of the interference problem and to pay for all modifications to neighbor ' s equipment if the interference is caused by the applicant' s radio transmissions; and WHEREAS, upon review of the findings of the Planning Commission a.nd City staff, recorded comments of the neighbors and the written and oral comments of the applicant and the applicants official representative, • the City Council hereby makes the following findings of fact: 1) The property consists of approximately 6 and a half acres and is located within the rural residential zoning district, RR-1B, that requires . a minimum of 2 acres in area per residential lot. 1 im�Lliy reLersen • „ P�ige 2 , ���s�� Ci.t� o� ORONO � - �_ _ d �� -- .- — -_ — :t: .� _ __ _°-''�; - _ __ ___-- __ RESOLUTION OF THE CITY COUNCIL - - ��. NO. /3 ��� .. � -;w -� . � - • ��:,� 2) Pursuant to Ordinance 34 . 033., the antenna structure and all attachments will meet the allowed maximum height of 65 feet. � 3) The proposed location of the antenna per revised � survey by Gordon R. Coffin dated November 8 , 1979, shows the structure will meet the required 65 foot setback from all property lines and existing structures on the property. � , 4) If the antenna structure was. to collapse, there would be no damage to either the neighboring properties or the Petersen residence based on the proposed setback of the antenna. • 5) The antenna will only be at its maximum allowed height of 65 ' when in use and will rest at a 29 ' height at all other times. 6) The applicant and his fanily reside at the residence located at 280 Orono Orchard Road. 7) The applicant has stated for the public record that he does not operate a business on his rental property � nor does any business associate employ any full or part time employees at thiG rPsidence. 8) The applicant advises that the anter��za is for hobby use only and that he will operate as an "amateur radio station" . 9) The City Engineer, Glenn Cook, has reviewed the structural drawings for the antenna and has found the structural design adequate. � 10) For the past six months, the applicant has conducted radio transmissions from his residence with an 8 foot antenna that caused no interference problems for neighbors' equipment. 11) The neighbors in attendance "at the Planning Commission • meeting of November 16, 1981, and December 7, 1981, stated they had no interference problems from these transmissions. R Ti�othy Petersen Pa�ge 3 -- {,.:�. _ C�t� o� ORONO__ - - - • � - � �'`�'"'� � __ RESOLUTION OF_THE CITY COUNCIL _ ���� No. �3 �'� .. CI� - _ y . . :`;; 12) The neighbors attending the Planning Commission meeting and those who have written letters cite no real objection to the proposed antenna; their concerns . center around the interference problems created by the applicant's radio transmissions in the past. ' 13) In 1979, neighbors had reported interference problem with radios, telephones and televisions when the applicant was transmitting. ' 14) Council has required that the interference issue be appropriately addressed based on the City' s responsibility to protect the public health, safety and. welfare. 15) At the Planning Commission meeting of December 7, 1981, the applicant' s official representative, Charles J. Newman, agreed that the applicant would . assume all responsibility in determining the cause • of an interference problem with a neighbor ' s equipment and has specifically agreed to the following: a) The applicant would cease all radio transmission upon notice from neighbor of interference problem and that applicant would notify the appropriate agency and that both applicant and neighbor would work with that agency in determining the cause of the interference. b) If interference was caused by applicant' s transmission then applicant would pay for all modifications made to neighbor' s equipment. 16) The applicant has .reviewed the interference concerns of the neighbors with the utility companies and appropriate governmental agency and has submitted the following contact persons at each: a) Northern States Power Name: Clayton Skoy Address: 1400 Chestnut Street Minneapolis, MN 55411 Telephone: (612) 330-6407 b) Northwestern Bell Telephone Company Name: Kenneth Mynis - Field representative/ � � interference specialist c) Fedzral Communications Commission Nar.ie: Gary Lysaik/chief field engineer/operations � Address: 691 Federal Building . 316 North Robert St. Paul, MN Timothy Petersen - P�ge 4 - `����` - -- - - C�t�o� ORONO - -- _ r d _� � .s,_ _ _ - __ __ -- . — __RESOLUTION OF_THE CITY COUNCI L � � NO. /.� ��_ .. � - ' • - • •',- � Per Section 32 . 490 neighbors may contact the City to request that Council hold a public hearing on the continuation of the permit if one or more of � the following findings can be made: a) Applicant failed to cease all transmission when informed by neighbor of interference problem. b) Neighbor presented proof to the City that interference was caused by applicant' s tranmission, such finding to be confirmed by appropriate agency and that modifications made to electronic equipment did not improve the reception. c) Applicant failed to reimburse neighbor for � necessary modifications to equipment in neighbor' s home. , 18) The proposed location of the conditional use permit is in accord with the- intent and objectives of the Orono zoning code and the purpose of the district in • which the site is located. " 19) The proposed loeation of the conditional use permit ' is in accord with the intent and objectives of the ; Orono Comprehensive Land Use Plan. � 20) If operated and maintained strictly according to the applicant' s promises, findings and conditions setforth by this Council then this conditional use permit will not be detrimental to the public health, safety or welfare, or materially injurious to . • properties or improvements in the vicinity. 21) The proposed conditional use complies with all of the appropriate provisions of the code and requires no variances to any of the standards setforth in those . sections. , NOW, THEREFORE, BE IT RESOLVED that based upon the above representationsof the applicant and upon the findings noted above the City Council of the City of Orono hereby approves the conditional use permit ap�plication of Timothy J. Petersen to allow the erection of a 65 foot high freestanding antenna at his rental property located at 280 Orono Orchard Road subj,ect to the following conditions: • Timothy Petersen . �Page 5 _ � rt� _ _ __ clt� o� oR,oNO _ - _ -_ � .,�.�. _ _ - -_ __ - - __ - RESOLUTION OF THE CITY COUNCIL - - ,„::;..: NO. ,�'�_�� .. -.,� � . • • • Y 1) Antenna is to be located on site per the setbacks • designated on the revised survey by Gordon R. Coffin dated November 18, 1979. 2) A public hearing will be scheduled before the Orono City Council to consider the continuation of this conditional use permit upon notice from ' neighbors that applicant has failed to comply with one or more of the conditions setforth in the finding of facts item (16) of this resolution. 3) Applicant must obtain a building permit from the City of Orono prior to erecting the antenna. 4) This permit must be renewed annually with the City; this current permit will expire on January 25, 1983. If applicant moves .prior to expiration date of this permit, applicant must obtain the necessary permit • for the dismantling of the antenna structure. This approval was granted only because_ of applicant' s . representations and only because of findings made and strictly subject to the conditions. Council hereby finds that if the applicant' s representations prove false or misleading or if applicant fails to comply with his promises or these conditions, then this permit would have been and hereby is denied. Adopted by t e City Council of the City of Orono, Minnesota this �_ day of _ , 1982. William B. Van Nest, Mayor ATTEST: ��.��'�t"c�A���•�J,%2,0`�/ Alberta M. Strom, City Clerk . ' . Timothy Petersen .. -. ;'��age 6 �� - _ __ Ci.t� o�ORONO __ _ -- d � - -� _�� - _ : z _ _ _ RESOLUTION OF THE CITY COUNCIL _ _ __ .;� No. f 3,�� .. C�3`'- ;,;; . - . . i_. . I have read and understood the above resolution and agree on behalf of myself, successors and assigns that the specific use of the above described property may be so regulated by the City of Orono. mothy et sen STATE OF MINNESOTA ) ' ) ss. COUNTY OF HENNEPIN ) ' The foregoing instrument was acknowledged before me this . . 3PO day of }- _ , 19�i, by - �.—� �ary Public ��"C �1+1ti , �r,��,--'-;,�. ybvv�'�M'y�i,�,,;�v�.i � s`•^���'� ;��sA��� � �"����ara;; ,�'�'�`,s . '��:,:r'� HENr.4:;� ���r;�,�ESn��, � °�v cv ' '^'�� ,� "''v�N.,;y,,,�7fl��s��n f,`��r .f vv�.�,y�,�,m�u,'y 1 fVY�'# � .