PC Staff Report 12-01-09
PC DATE: December 1,2009
OJ
CC DATE: December 14, 2009
CITY OF CHANHASSEN
REVIEW DEADLINE: December 29, 2009
CASE #: 09-19
BY: AF, RG, JM, JS
PROPOSED MOTION:
"The Chanhassen Planning Commission recommends that City Council approve the amendment to
Conditional Use Permit 90-3 to allow co-location/addition of antennas and radio equipment upon and
at the existing telecommunication tower, plans prepared by Advanced Engineering and Science dated
10/23/09, subject to conditions 1 - 5 and adoption ofthe attached findings of fact and
recommendations. "
SUMMARY OF REQUEST: The developer is requesting an amendment to Conditional Use a(...
Permit 90-3 to allow co-location/addition ofITI/FAA antennas and radio equipment at an existing ~.
telecommunication tower.
LOCATION: 2290 Lyman Boulevard (Outlot B, Stone Creek First Addition)
APPLICANT: American Tower Company
OWNER: Merle and Jane Yolk
PRESENT ZONING: Agricultural Estate District, A-2
2020 LAND USE PLAN: Residential - Low Density
ACREAGE:
DENSITY: Not applicable
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City has limited discretion in approving or denying conditional use permits, based on
whether or not the proposal meets the conditional use permit standards outlined in the Zoning
Ordinance. If the City finds that all the applicable conditional use permit standards are met, the
permit must be approved. This is a quasi-judicial decision.
PROPOSAL/SUMMARY
The applicant is requesting an
amendment to Conditional Use
Permit 90-3 to allow co-
location/addition of antennas and
equipment upon and at an
existing telecommunication
tower.
To the north of the site are
single-family homes on property
zoned RSF located within the
Planning Commission
American Tower Corporation CUP
December I, 2009
Page 2 of5
Stone Creek subdivision. To the east are the Twin Cities & Western Railroad and the athletic fields
for Chanhassen High School. To the south across Lyman Boulevard is industrial development in
the City of Chaska. To the west are farm fields associated with Holasek Nursery.
When the communication tower was originally approved, cellular communication was a fairly new
technology. Additionally, the only standards the City had at the time was that the use was a
conditional use in the Agricultural Estate District, the general CUP issuance standards and the
requirement that towers be setback from the property line a minimum of the height of the tower or
the tower must be self-collapsing.
Since the original CUP approval, the City has
adopted an entire section of the Code that addresses
Towers and Antennas, Chapter 20, Article XXX.
These standards permit a reasonable and equitable
opportunity for the establishment of
telecommunication services, ensure that towers and
antennas are designed and constructed in a manner
that does not adversely impact public safety
(height, setback and construction standards),
maximize the use of existing and approved towers
and buildings for antennas in order to reduce the
number of towers required (co-location) and
minimize adverse visual effects of towers through careful design and siting standards. The existing
and proposed use of the site for telecommunication purposes complies with these requirements.
Staff is recommending approval of the amendment to the CUP to permit the co-location of
antennas and equipment at the existing tower site.
APPLICABLE REGUATIONS
Chapter 20, Article IV, Conditional Uses
Section 20-572 (2), Permitted Uses in the "A-2" Agricultural Estate District - Antennas
20-574 (15), Conditional Uses in the "A-2" Agricultural Estate District - Towers
Chapter 20, Article XXX, Towers and Antennas
BACKGROUND
Conditional Use Permit #90-3
On September 1 0, 1990, the Chanhassen City Council approved a conditional use permit for a
commercial communication transmission tower to support cellular telephone service. The
conditions of approval were as follows:
1. Staff will approve the aesthetic design of the tower and building and the building should be
consistent with other recently constructed telephone and public utility buildings in the area.
Planning Commission
American Tower Corporation CUP
December 1, 2009
Page 3 of5
2. Staff will approve and document the tower shape and structure and that it's construction will
follow that approval.
3. No other radio uses shall be approved without an addendum to the
conditional use permit #90-3 which will come in before the
Planning Commission and City Council.
4. Landscaping shall be installed as part of the approved landscaping
plan. A letter of credit guaranteeing improvements will be required
before building permits are issued.
5. No lights or signage be placed on the tower or elsewhere on the
site.
6. The tower shall be painted a flat color so that it blends in with the
background.
Recorded on October 5, 1990 as document number 118396.
Subdivision #92-1
On February 22, 1993, the Chanhassen City Council approved the final plat for Stone Creek First
Addition, creating Outlot B. The tower was already located on the parcel at the time of platting.
ANAL YSIS
A building permit is required for equipment pad and
LP gas storage tank pad. A mechanical permit is
required for connection (gas piping) of LP storage
tank to LP gas generator. The plans must be signed
by appropriate design professionals.
The plans submitted show proposed improvements
within the existing pad located north of Lyman
Boulevard between Galpin Boulevard and the
railroad tracks. The applicant does not propose to
expand the existing impervious surface. There is no
grading proposed.
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Since the tower already exists, the City would normally review the proposed additional
equipment and tower through the building permit process. However, due to condition 3 of CUP
#90-3, the equipment and antenna must be approved through the public hearing process. Staff is
proposing that the conditions of approval be amended to require compliance with the City Code
standards for towers and antennas which would encourage and permit the co-location of antennas
and equipment at and upon the existing tower.
Planning Commission
American Tower Corporation CUP
December 1, 2009
Page 4 of5
GENERAL CONDITIONAL USE PERMIT
The applicant is requesting an amendment to the Conditional Use Permit to permit the co-
location of antennas and equipment on the existing tower. The City's Zoning Ordinance allows
telecommunication towers and antennas in Agricultural Estate Districts subject to the approval of
a conditional use permit by the City Council. In reviewing conditional use permit requests, the
Planning Commission must consider possible adverse affects of the use.
The City of Chanhassen finds it necessary for the promotion and preservation of the public
health, safety, welfare, and aesthetics of the community that the construction, location, size, and
maintenance of wireless telecommunication facilities be controlled. Further, the City finds:
1. Towers and antennas have a direct impact on, and a relationship to,
the image of the community;
2. The manner of installation, location, and maintenance of towers and
antennas affects the public health, safety, welfare, and aesthetics of
the community;
3. A reasonable opportunity for the establishment of wireless
telecommunication must be provided to serve residential and business
needs, and;
4. Uncontrolled and unlimited towers and antennas adversely impact the
image and aesthetics of the community and, thereby, undermine
economic value and growth.
Given that it is the City's goal is to minimize towers, the amendment of
the CUP to permit co-location of antennas and equipment is appropriate.
COMPLIANCE
Hei2ht Setback
Code 150* Structure height
American Tower 115 175 feet
*May be increased 25 feet for multi-antenna towers.
RECOMMENDATION
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TOWER PROALE
Staff recommends that the Planning Commission adopt the following motion and adoption of the
attached findings of fact and recommendation:
Planning Commission
American Tower Corporation CUP
December 1, 2009
Page 5 of5
"The Planning Commission recommends approval of Conditional Use Permit #09-19, amending
Conditional Use Permit 90-03, to permit co-location/addition of antennas and equipment upon and
at the existing telecommunication tower, plans prepared by Advanced Engineering & Sciences,
dated 10/23/09, subject to the following conditions:
1. The tower and antennas shall comply with the requirements in Chapter 20, Article XXX,
Towers and Antennas, ofthe Chanhassen City Code.
2. A building permit is required for equipment pad and LP gas storage tank pad.
3. A mechanical permit is required for connection (gas piping) ofLP storage tank to LP gas
generator.
4. The plans must be signed by appropriate design professionals.
5. No signage, advertising or identification of any kind intended to be visible from the ground
or other structures is permitted, except applicable warning and equipment information
signage required by the manufacturer or by Federal, State, or local authorities."
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Reduced copy of Compound Plan Sheet 3 of 18.
4. Reduced Copy Tower Profile Sheet 4 of 18.
5. Letter from Doug Ruwe to City ofChanhassen Dated October 29,2009.
6. Permit Authorization by ITT Corporation.
7. Letter from Richard L. Day to Greg Hughes dated January 2,2008.
8. Email Correspondence between Tim Jeske, Bob Generous and Doug Ruwe between
November 16 and November 18,2009.
9. Amended and Restated Conditional Use Permit.
10. Reduced Copy Site Plan Dated 7-16-90.
11. Conditional Use Permit 90-3 dated September 10, 1990.
g:\plan\2009 planning cases\09-l9 american tower cup 90-3 amendment\staff report american tower.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of American Tower and Merle and Jane V olk for an amendment to the existing
Conditional Use Permit 90-3 to permit the installation of additional antennas and equipment at
and upon an existing telecommunication tower.
On December 1,2009, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of American Tower and Merle and Jane V olk for
an amendment to a conditional use permit to permit a telecommunication tower for the property
located at 2290 Lyman Boulevard. The Planning Commission conducted a public hearing on the
proposed conditional use 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 Agricultural Estate District, A-2.
2. The property is guided by the Land Use Plan for Residential - Low Density.
3. The legal description of the property is: Outlot B, Stone Creek First Addition.
4. Conditional Use Permits
a. The proposed use will not be detrimental to, but may enhance the public health,
safety, comfort, convenience or general welfare of the neighborhood or the city. The
proposed tower will provide a basic utility to the area.
b. The proposed use will be consistent with the objectives of the city's comprehensive
plan and this chapter.
c. The proposed use will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general
vicinity and will not change the essential character of that area. The proposed tower
complies with city ordinance requirements. The lower portion of the tower including
the equipment will be screened by vegetation and a berm.
d. The proposed use will not be hazardous or disturbing to existing or planned
neighboring uses.
1
e. The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
f. The proposed use will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community. It
will provide a necessary utility.
g. The proposed use will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash. The tower should not create conditions that are detrimental
to person's property or the general welfare of the community.
h. The proposed use will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
1. The proposed use will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
J. The proposed use will be aesthetically compatible with the area.
k. The proposed use will not depreciate surrounding property values.
1. The proposed use will meet standards prescribed for communication towers as
provided in zoning ordinance.
5. The Planning Report #09-19 dated December 1,2009, prepared by Robert Generous, et
aI, is incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council approve the amendment to
the conditional use permit for a telecommunication tower.
ADOPTED by the Chanhassen Planning Commission this 1st day of December, 2009.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
2
Planning Case No. OC) - l'1
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
CITY OF CHANHASSEN
RECEIVED
OCT 3 0 2009
DEVELOPMENT REVIEW APPLICATION
CHANHASSEN PLANNlNG OEPi
PLEASE PRINT
Applicant Name and Address:
Doug Ruwe - American Tower
21307 Rio Oro Dr
C'()rnE:~] i 11 S NC' 2 A O:i 1
Contact: .
Phone: 704-9'75-6161 Fax:
Email: doug.ruwe@americantower.com
Owner Name and Address:
Merle & Jane Volk
16925 County RD 40
(';:n,rp.r MN S:;t;~1 t;
Contact:
Phone: Fax:
Email:
NOTE: Consultation with City staff is reauired prior to submittal, including review of development
plans
Comprehensive Plan Amendment
X Conditional Use Permit (CUP) ~
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAC)
Interim Use Permit (IUP)
Variance (VAR)
Non-conforming Use Permit
Wetland Alteration Permit (WAP)
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
~
'?...-c7v
Sign Plan Review
Subdivision*
X EaC Filing Fees/Attorney Cost**
- 50 CU SPRNACNARlWAP/Metes & Bounds
- inor SUB
TOTAL FEE $ (p -, ~ E!!-c~ d-~ W09
Site Plan Review (SPR)*
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" Xii"
reduced copy for each plan sheet along with a diaital CODY in TIFF-Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
SCANNED
PROJECT NAME: ITTSV173-21 Colocation
LOCATION: 2290 LymaJ3~, Chanhassen, MN 55317
LEGAL DESCRIPTION AND PID: 9 ~ A 213' ~?
Ou. 4- to-\- b
,;\5 - <t> \\ O~
~YY' CseeJ::~ ~lf<S+ AJd,'-4-\GYl
TOTAL ACREAGE:
WETLANDS PRESENT:
YES
X NO
PRESENT ZONING: Commercial
REQUESTED ZONING: Commercial - amend CUP 90-3
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST: To allow the cOlocation/addition of ITT/FAA antennas
and radio equipment at an existing telecommunication tower.
FOR SITE PLAN REVIEW: Include number of existing employees:
o
and new employees:
o
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
~~ n.. .4-
Si9rlature of Applicant
/ Q /.;1-Ij /, 'j
Date
Signature of Fee Owner
Date
G:\pIan\forms\Development Review Application.DOC
Rev. 1/08
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A
AMERICAN TOWERs
COIIPOIIATION
October 29, 2009
City of Chanhassen
Community Development - Bob Generous
7700 Market Boulevard, PO Box 147
Chanhassen, MN 55317
ANHASSEN
erN ~E~I'JEO
GCI S 0 2.009
CHANHASS'EN PLANNING DE-flT
RE: ITTSV173-07 ITT FAA Collocation
American Tower Site Code: 305556
2922 Hibbard Rd
Parcel Number 11-04-200-003
Dear Bob:
As we discussed, enclosed please fmd: City of Chanhassen Development Review Application to amend CUP90-3,
(2) letter of authorization (ITT/F AA), copy a stamped construction drawings for ITTSV173-21, a stamped structural
analyses, and a check for $675.00 for the review fee for the zoning your review. Hopefully we can still make the
December meeting agendas.
Specifically, ITT is applying for zoning and building permits to collocate six (6) antennas and coaxial lines on the
existing tower referenced above. They will also be installing a radio equipment cabinet, an emergency back-up
diesel generator on a new concrete pad within the existing fenced compound. The tower will not increase in height
and the compound will not increase in size due to the installation. The purpose of this collocation is the replacement
of the existing FAA air navigation system. Once implemented, this new technology will greatly enhance the safety
of the traveling public in all types of aircraft. The total job cost is expected to be $30,000.00.
At this time American Tower has not selected a contractor, but once the use has been approved and the fees
determined, we will have the general contractor complete the building permit applications and pay any outstanding
fees. Please let me know if the material provided is deficient, or if you need any additional information. Should you
have any questions please contact me at (704) 975-6161 or bye-mail doug.ruwe@americantower.com.
American Tower greatly appreciates your assistance with this permit request.
Sincerely,
Doug Ruwe
Project Manager Site Development
(704) 975-6161
doug.ruwe@AmericanTower.com
Enclosures
21307 Rio Ora Dr. Cornelius NC 28031 · (704) 975-6161 · doug.ruwe@americantower.com
SCANNED
~ITT
Advanced Engineering & Sciences
12975 Worldgate Drive
Herndon. VA 20170
PERMIT AUTHORIZATION
I hereby authorize American Tower Corporation to act as agent for ITT Corporation, Advanced
Bngineering & Sciences Division in the application for all permits and utility services associated with
this site.
ITT Corporation
Advanced Engineering & Sciences Division
An Indiana Corporation
;:f'/.
/
Fl1Ulk Pallante
Title: Vice President of Contracts
Date: ~- /'1 ~ .;J...eHJf/J
COMMONWEALTH OF VIRGINIA
COUNTY OF FAIRFAX
The foregoing document was acknowledged before me this 1;2... day of kOl.......
fie::.owt:... ?Q liClA~ . who is personally known to me.
, 2009 by
til{y · IMlIUY Of r::- 0. ~ l. ~
CommonweaIttVSt of: V: ~ ;~, ~
The foregoing instrument acfmowfedoed
before me ~day of't::y
~by-. .
~q" ..... ~-
.,., _~A~ ~
/ OOm"llOOKJII 8llpit'es: (.,,~ 3 t, .::Joi...:a
My Commission Expires August 31. 1012
1017186697
SCANNED
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$"<c\'f"~IM~
~.-..:>.. ~ .
....~.~'~,...'!>.;;.f"'.,~w......, ...
'.4"<.\\)~
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o
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U.s. DepotIment
of Tt<lntpQdalIcln
Federal Avfafton
AdmfnIIIraIIon
.IAN -2 .
Mr. Greg Hughes
Contracts Manager. ADS-B Programs
lIT Corporation
Defense Electronics &. Services
12975 Worldgate Drive
Herndon, VA 2017Q..6008
Re: Automatic Dependent Surveillance-Broadcast (ADS-B)
Contract DTFA WA-07-C-00067
Dear Mr. Hughes:
This letter serves to emphasize to you and your potential partners the importance of the
Federal Aviation Administration (FAA) ADS..B contract which was awarded to ITT
Corporation on August 30. 2007.. '
The FAA is undertaking a dramatic modemization of the National Airspace System under a
program entitled Next Generation Air Traffic Management Systems (N~10en). The ADS-
B program. is the cornerstone of the NextOen. ADS..B will provide technology that in the
.near term will enhance safety and in the longer tenn promise significant system capacity and
efficiency benefits essential to meeting fmecasted increases in air traffic demand.
ADS-B is and wiU remain a high visibility program. Avionics manutactW'ers and aviation
organizations/companies are relying on the FAA to meet the ADS-B implementation
schedule. The FAA has begun full seale development of the ADS-B system with the award
of the lIT contract and will begin nation wide deployment in the near term.
Any support that can be given to lIT in the development and fielding of ADS-B
infrastructure is strongly encouraged. The FAA eonsiders this program an opportunity to
significantly benefit the nation's transportation inftastructure with new teehnology.
It is believed that just as in the introduction of the internet. there wlll be many spin-off
opportunities. '
SCANNED
Generous, Bob
From:
Sent:
To:
Subject:
Tim Jeske [TJeske@TCWR.NET]
Wednesday, November 18, 2009 8:58 AM
Generous, Bob
RE: Planning Case 09-19
Bob,
Thank you for asking, it appears that we will not have interference with our radio communications. If so, we don't have any
additional comments.
Tim
From: Generous, Bob [mailto:bgenerous@ci.chanhassen.mn.us]
Sent: Wednesday, November 18, 2009 8:22 AM
To: Tim Jeske
Subject: FW: Planning Case 09-19
Tim:
Is there anything else you would need.
Bob
From: Doug Ruwe [mailto:Doug.Ruwe@AmericanTower.com]
Sent: Monday, November 16, 2009 11:19 AM
To: Generous, Bob
Cc: Doug Ruwe
Subject: RE: Planning Case 09-19
Bob,
As with any equipment mounted on American Tower owned sites, the users are licensed with the FCC for a
specific frequency range. I have requested a copy of the FCC license. It should not interfere with any other
radio equipment. Assuming all radio equipment, ITT's and the railroad's is operating correctly.
Also, I have lost my notes for the meeting dates in December. Could you list the dates and times?
Thanks,
Doug Ruwe
Project Manager- Site Development Services
American Tower Corporation
21307 Rio Oro Dr
Cornelius, NC 28031
704-975-6161 (cell)
1
From: Generous, Bob [mailto:bgenerous@ci.chanhassen.mn.us]
Sent: Monday, November 16, 2009 11:59 AM
To: Doug Ruwe
Subject: FW: Planning Case 09-19
Doug:
How do you respond to the railroad's statement/request?
Bob
From: Tim Jeske [mailto:TJeske@TCWR.NET]
Sent: Monday, November 16, 200910:28 AM
To: Generous, Bob
Cc: Bob Suko; Mark Wegner
Subject: Planning Case 09-19
Robert,
I am writing you in response to your notice pertaining to your planning case # 09-19 / PID: 25-8110240 for
additional radio equipment to be added to an existing tower situated close to TCWR property by Lyman
Boulevard.
While we don't object to the structural element of this project we do have concerns pertaining to potential radio
interference. We use radio communications to control train and maintenance traffic on TCWR and interference
with these radio communications will cause operational and safety issues.
If TCWR gets assurance that this project will not interfere with our current radio system or any future
communication needs we would have no objections to this project.
Tim Jeske
Twin Cites & Western Railroad
2
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AMENDED AND RESTATED
CONDITIONAL USE PERMIT #90-3
PLANNING CASE #09-19
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants an amended and restated conditional use permit for the following use which replaces
Conditional Use Permit 90-3:
A Conditional Use Permit for a 115-foot tall, telecommunication tower
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Outlot B, Stone Creek First Addition.
3. Conditions. The permit is issued to American Tower Company and Merle and Jane
Yolk subject to the following conditions:
a. The tower and antennas shall comply with the requirements in Chapter 20, Article
XXX, Towers and Antennas of the Chanhassen City Code.
b. A building permit is required for equipment pad and LP gas storage tank pad.
c. A mechanical permit is required for connection (gas piping) of LP storage tank to LP
gas generator.
d. The plans must be signed by appropriate design professionals.
e. No signage, advertising or identification of any kind intended to be visible from the
1
ground or other structures is permitted, except applicable warning and equipment
information signage required by the manufacturer or by Federal, State, or local
authorities.
4. Severability. In the event any provision ofthis permit shall be held invalid, illegal, or
unenforceable by any court or competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof, and the remaining provisions shall not in any way be
affected or impaired thereby.
5. Notices. All notices, certificates and other communications hereunder shall be
sufficiently given and shall be deemed given when mailed by certified mail, returned receipt
requested, postage prepaid, with property address as indicated below. The City and the
Association, by written notice given by one to the other, may designate any address or addresses,
to be sent when required as contemplated by this permit. Unless otherwise provided by the
respective parties, all notices, certificates, and communications to each of them shall be
addressed as follows:
To the City:
City of Chanhassen
Attn: City Manager
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
To the Applicant:
American Tower
Attn: Doug Ruwe
21307 Rio Oro Drive
Cornelius, NC 28031
To the Owner:
Merle and Jane V olk
16925 County Road 40
Carver, MN 55315
6. Reimbursement of Costs. The Applicant shall reimburse the City for all costs,
including reasonable engineering, legal, planning and administrative expenses incurred by the
City in connection with all matters relating to the administration and enforcement of the within
permit and the performance thereby by the applicant. Such reimbursement shall be made within
fourteen (14) days of the date of mailing of the City's notice of costs as provided in Section 5
above. This reimbursement obligation of the applicant under this section shall be a continuing
obligation throughout the term of this permit.
7. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit. The City may institute any proper action or proceeding at
law or at equity to prevent violations of the within property, to restrain or abate violations of the
within permit, or to prevent use or occupancy of the Subject Property.
2
8. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
9. Assignable. This conditional use permit is issued for the particular use and is not
personal. The City shall be notified in writing at the address provided in section 5 above of any
changes in the leasehold interest or ownership of the underlying property at least thirty (30) days
prior to such change.
10. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: December 14, 2009
CITY OF CHANHASSEN
BY:
Tom Furlong, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
STATE OF MINNESOTA)
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this_day of ,200_,
by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
P. O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
CONDITIONAL USE PERMIT
.1. permit. subject to the terms and. conditions set forth
herein, the City of Chanhassen hereby grants a conditional use
permit for: Commercial communication transmission tower to
support cellular telephone service.
2 . Property. The permi t is for the following described
proper~y in the city of Chanhassen, Carver County, Minnesota:
See attached Exhibit A.
3. Conditions. The permit is issued subject to the following
conditions:
1. Staff will approve the aesthetic design of the tower and
building and the building should be consistent .with other
recently constructed telephone and public utility buildings in
.the area.
2. Staff will approve and document the tower shape and structure
and that it's construction will follow that approval.
3. No other radio uses shall be approved without an addendum to
the conditional use permit #90-3 which will come in before the
Planning Commission and city Council.
4. 'Landscapingshall be installed as part of the approved
landscaping . plan. A letter of credit guaranteeing
improvements will be required '. before. building permits are
issued.
5. No lights or signage bepl~ced on the tower or elsewhere on
the site.
6. Tne tower shall be painted a flat color so that it blends in
with the background.
4. Termination of Permit~ The city may revoke the permit
following a public hearing under any of the following.
circumstances: material change of condition of the neighborhood
where the use is located and/or violation of the terms of this
permit. .
5. Criminal Penalty. Vi,.olation of the terms of this
conditional use permit is a criminal misdemeanor.
Date: September 10, 1990
.
r ,,'1
. .
e
.
Mr. John Uban
September 11, 1990
Page 2
CITY OF CHANHASSEN
"';[)',,
Bi~~
Mayo '
. ~O.0 a~
City Clerk '
By:
STATE OF MINNESOTA)
) SS
COUNTY OF CARVER )
, -d
The }o2:ego.~inngg i instrument was acknowledged before me this ~7
day of ~ ' 19~, by Donald J. Chmiel, Mayor and Don
Ashworth, City Clerk of the City of Chanhassen, a, Minnesota
municipal corporation, on behalf of the corporation.
df:Qf~
Drafted by:
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
(612)937-1900
KAREN J. ENGELHARDT
NOTARY PUBLIC - rn"'~oOTA
CARV?R CIJL"':TY
My commiSSIon ex;;:ces 10-16-91
COi~.'
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EXHIBIT A
That part of the Northwest Quarter of section 22, Township 116,
Range 23, West of the 5th Principal Meridian, Carver County,
Minnesota, which lies southwesterly of a line drawn parallel to and
distant 380 feet northeasterly of the centerline of County Road No.
18, as measured at right angles, and which lies southeasterly of a
line drawn parallel to and distant 395 feet northwesterly of the
centerline of the Chicago, Milwaukee, st. Paul and Pacific
Railroad, as measured at right angles. Except that part taken for
County Road No. 18. Except that part taken for the Chicago,
Milwaukee, st. Paul and Pacific Railroad.
OFFICE OF COUNTY RECORDER
STATE OF MINNESOTA
COUNTY OF CARVER
Filing Fee ~ I 0
Tw~certify that .thiS d~~ent
w t in t!)ifi,pffice ~hE day
o 19~.D.at~0'clock
M. and was duly-,:ecorded as
document no. 1.:183!l6
. HANS. N JR.
~ {?I;tV;.
by:
3-3.
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