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Findings of Fact CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION INRE: Application of Kelly Orth of Rosemount, Inc., Emerson Process Management for an Interim Use Permit to allow a 25-foot high temporary mast/antenna atop the roof of a two story building - Planning Case No. 07-25. On November 20,2007, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Kelly Orth of Rosemount, Inc., Emerson Process Management for an Interim Use Permit to allow a 25-foot high temporary mast/antenna atop of Rosemount' s two-story building at 8200 Market Boulevard, located in the Industrial Office Park District (lOP) on Lot 1, Block 1, Chanhassen Lakes Business Park 2nd Addition. The Planning Commission conducted a public hearing on the proposed Interim Use Permit which was preceded by published and mailed notice. The planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Industrial Office Park (lOP). 2. The property is guided by the Land Use Plan for Office/Industrial. 3. The legal description of the property is: Lot 1, Block 1, Chanhassen Lakes Business Park 2nd Addition. 4. The Planning Commission and the City Council shall grant an Interim Use Permit only if it finds that such use at the proposed location complies with the General issuance standards of Section 20-232 of the Chanhassen City Code: a. The mast/antenna will be mounted on top of the Rosemount roof. It will be located entirely on the property and is inaccessible to the general public. Granting the !UP will not be detrimental to the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. An antenna is a permitted use in the lOP district and is consistent with the comprehensive plan as well as the zoning code. c. The nearest subdivision is in excess of 1,300 feet west of the proposed antenna. Visibility of the mast/antenna will be significantly limited. The site is also surrounded by dense vegetation to the south. In addition, the mast/antenna will be less than 2 inches in diameter and it will be grey in color as it will be constructed of metal, which will have minimal visual impact. 1 d. The antenna structure will not be substantially visible outside the boundaries of the Rosemount property. The mast/antenna is a vertical, monopole design and is 20 inches long, 5/8-inch diameter and weighs 8 ounces. It will be mounted to a 25-foot tall antenna mast that is estimated to be less than 2 inches in diameter. The antenna mast will be anchored by multiple guy wires to the roof of the two-story office building which is 32 feet in height. In addition, the nearest residential subdivision is located in excess of 1,300 feet away from the proposed site. e. The building for which the mast/antenna will be located currently exists and is adequately served by public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems. f. The primary use is currently constructed on the site. The proposed mast/antenna will have little or no impact on the economic welfare of the community. g. The mast/antenna will be located entirely on the Rosemount property atop of a two-story building. The mast/antenna will transmit signals to remote antennas in various locations throughout the City. It will not be detrimental to any person or property or the general welfare of the community, and there will not be an increase of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. The proposed mast/antenna is a secondary use of the property which will only be used/observed by persons currently working at the Rosemount building. Thus, it will not increase traffic or interfere with surrounding public thoroughfares. 1. The mast/antenna is a vertical, monopole design and is 20 inches long, 5/8-inch diameter and weighs 8 ounces. It will be mounted to a 25-foot tall antenna mast that is estimated to be less than 2 inches in diameter. The antenna mast will be anchored by multiple guy wires to the roof of the two-story office building which is 32 feet in height. It will have little or no visual impact on its surroundings. J. The antenna structure will not be substantially visible outside the boundaries of the Rosemount property. The mast/antenna is a vertical, monopole design and is 20 inches long, 5/8-inch diameter and weighs 8 ounces. It will be mounted to a 25-foot tall antenna mast that is estimated to be less than 2 inches in diameter. The antenna mast will be anchored by multiple guy wires to the roof of the two-story office building which is 32 feet in height. It will be designed and certified to meet all applicable building codes as well as approval from the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), and any appropriate state review authority. The mast/antenna will not impact any historically site or building. k. The mast/antenna will not be substantially visible outside of the Rosemount property and thus will not impact the surrounding property values. The nearest subdivision is in excess of 1,300 feet. 2 1. It will be designed and certified to meet all applicable building codes as well as approval from the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), and any appropriate state review authority. The mast/antenna will not impact any historically site or building. A building permit will be required prior to installation of the mast/antenna. 5. The planning report #07-25 Interim Use Permit dated November 20,2007, prepared by Angie Auseth, et aI, is incorporated herein. ACTION ''The Planning Commission recommends approval of Planning Case 07-25 for an Interim Use Permit to install a 25-foot mast/antenna atop the two-story office building at Rosemount, Inc., located on Lot 1, Block 1, Chanhassen Lakes Business Park 2nd Addition, as shown in plans dated received November 2, 2007, based on the findings of fact in the staff report and subject to the following conditions: 1. A building permit must be approved prior to installation of the mast/antenna. 2. The interim use permit is valid for a period of six (6) months from the date of building permit approval. Should the interim use permit need to be extended, the applicant will need to request a formal extension 60 days prior to the expiration date of the permit. 3. Approval of this application is contingent upon City Council approval of the zoning ordinance amendment to Section 20-1515, Antennas mounted on roofs, walls, and existing towers requiring an Interim Use Permit (IUP) for antennas in excess of 15 feet in height." ADOPTED by the Chanhassen Planning Commission on this 20th day of November, 2007. BY: g:\plan\2007 planning cases\07-25 rosemount iup\findings of fact.doc 3