3.2. BASR 12-13-2005 - Laserfiche WebLink

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Prosource Technologies Page 2 December 13,2005 • Overview The applicant, on behalf of Nextel,is requesting a variance to the setback requirements, proposing to rezone an area of 50'X 50' to Antenna Overlay and requesting a conditional use permit for a 145' tall antenna tower. The proposed tower will be located on city property, and the city will be placing it's 850 meghertz equipment on the tower. The area is part of a larger 12 acre parcel,which is developed as the city softball complex. The surrounding property is zoned R1c. The surrounding land uses include the softball complex, Elk River City Hall complex and the Sherburne County fairgrounds. Prior to considering the applicant's request for a rezoning and conditional use permit, the Commission, acting as the Board of Adjustment,must consider the applicant's request for a variance to the tower setback requirement. If the Board denies the variance request, the request is automatically appealed to the City Council and the Commission should table acting on the rezoning and conditional use permit pending the Council's decision. Variance The applicant is requesting a variance to the setback requirement for antenna towers. The required setback from all property lines is a distance equal to the height of the tower. The proposed tower is 145 feet high which requires a 145 foot setback from all property lines. The applicant is requesting a variance to the 145 foot setback requirement to the south property line to allow a setback of 50 feet. The project complies with the setback • requirements to the other property lines. In order to grant a variance to the dimensional requirements of the development standards, the Board of Adjustments must find the following: 1. The literal enforcement of this article would cause undue (unnecessary, unavoidable, extreme)hardship. The structural design of the tower is such that it will collapse on itself and not fall over. Compliance with the setback requirement would place the tower in the outfield of the softball field. The placement of the tower is influenced by the shared use of the tower with the city. 2. The hardship is caused by special conditions and circumstances which are peculiar to the land and structure involved and which are not characteristic of or applicable to other lands or structures in the same district. The hardship is particular to the land applicant's property that is uniquely shaped and the need to provide a tower location that will work with the Public Safety Building. 3. The literal application of the provisions of this article would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this article. Literal application of the dimensional requirements would deprive the applicant of the • rights enjoyed by other properties that have antenna towers. There are 3 other sites in S:\PLANNING\Case Files\2005\V 05-06 Prosource Technologies\V05-06BA12-13.doc