Findings of Fact
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----- CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of American Tower and Merle and Jane Volk 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 Volk 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.
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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 1 st day of December, 2009.
CHANHASS N PLANNING COMMISSION
BY:
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