01-0010R

RESOLUTION GRANTING A SPECIAL USE PERMIT TO NORTHERN PCS FOR A 70 FOOT FLAG POLE COMMUNICATION TOWER ON PROPERTY LOCATED AT 1405 MILLER TRUNK HIGHWAY.

BY COUNCILOR GILBERT:

        WHEREAS, Northern PCS, has submitted to the city council a request for a special use permit for a communication tower on property described as:  parts of Lots 14, 15, 16, Block 2 in the Plat of Handy Garden Tracts; and said permit application was duly referred to the city planning commission for a study, report and public hearing and the city planning commission has subsequently reported its approval to the city council; and

        WHEREAS, the approval was made because of the city planning commission's findings that appropriate safeguards will exist to protect the comprehensive plan and to conserve and to protect property values in the neighborhood if conditions are observed.

        NOW, THEREFORE, BE IT RESOLVED, that a special use permit is hereby granted to Northern PCS to allow for the construction and operation of a communications tower on the above described property generally located at 1405 Miller Trunk Highway on the condition that improvements be limited to, constructed and maintained in accordance with plans as identified as Public Document No. _____________; and that improvements be maintained in accordance with the terms of Section 51-32 of the City Code.


STATEMENT OF PURPOSE:  This resolution grants a special use permit to Northern PCS (Sprint) to allow for the construction and operation of a 70 foot tall flag pole communications tower on commercially zoned property located at 1405 Miller Trunk Highway. (The former Duluth Camera Building on the corner of Cottonwood and Miller Trunk).

The planning commission recommended approval of this resolution, following meetings on November 14 and December 12, 2000, by a vote of 9-3. In making their decision the commission considered the following findings:

        1.    Will the proposed special use result in a random pattern of development with little contiguity to existing or programmed development? No, this antenna/tower/flag pole is an auxiliary installation for the existing use of the property and will not affect adjacent uses.

        2.    Will the requested use cause anticipated negative fiscal or environmental impacts upon the community? No, this antenna is to serve the existing use of the property and will not affect adjacent uses.

        3.    Will conditions and safeguards protect the comprehensive plan and conserve and protect property and property values in the neighborhood? The design of the antenna tower/pole does not impact the adjacent commercial properties. The condition that the installation comply with all applicable codes will ensure the safe maintenance and operation without impacts to the Miller Hill Corridor Plan or adjacent property values.

        4.    What appropriate conditions and safeguards, including performance bonds and a specified period of time for the permit, are necessary? No additional conditions or safe guards have been identified at this time.
 

Application received: October 23, 2000 Action deadline: February 20, 2001