Memo - Tower and Antenna Zoning Ordinance
.
. MEMO
To: City Council
From: Nancy Anderson
Date: December 5,2002
Subject: Tower and antenna zoning ordinance
At the last City Council meeting the City Council referred the variance for the ground
equipment for a cellular antenna to the next work session. Attached is the staff report
for the variance. Also attached is the existing tower and antenna ordinance. This
ordinance was adopted in response to the cellular tower explosion occurring throughout
the country. The FCC does not allow a municipality to exclude towers in a city.
.
.
n__. ___
Hopkins City Code (Zoning) 560.01
(Revised 5-06-91)
. Section 560 - Zoninq: additional requirements
560.01. Additional requirements. Subdivision 1. Heiqht. Height limitations as set
forth in all zoning districts may be increased by 50% when applied to the following:
a} antennas in residential districts (Amended Ord.91-672)
b} belfries
c} church spire and steeples
d) cool ing towers
e) elevator penthouse
f) flag poles
g) smoke stacks
h) water towers
Subd. 2. Excess. Heights in excess thereof for such purposes may be permitted
only by a conditional use permit. (Amended Ord. 91-672 )
.560002. Transmission Tower - Commercial. Commercial transmission towers shall be
~ermitted with a conditional use permit in the industrial districts subject to the
following conditions:
a) conunercial transmission towers shall be in compliance with all city
building and electrical code requirements;
b) verification that the structural design has been approved by a
professional engineer;
c) verification that the mounting system and installat ion have been
approved by a professional engineer;
d} submission of written authorization from the property owner;
e) no advertising message shall be on the tower structure;
f) shall comply with setback requirements for principal structures and
in no event shall be located between the principal structure and the front lot
line;
g} transmission towers that are not self-supporting shall be supported
by objects within the property lines but not in any front-yard areas;
. h} the base of transmission towers, including guy wires, supporting and
accessory structures shall be screened to the greatest extent practicable to
minimize visual impacts on surrounding properties. Screening shall include
landscape materials or architectural features that harmonize with the elements
and characteristics of the property for ground mounted towers and materials
compatible with those utilized on the exterior of the building for roo f mounted
antennas;
Hopkins City Code (Zoning) 560.02 i
(Revised 7-18-00)
i) towers located closer to a property line than the height of the .
tower shall be designed and engineered to collapse progressively within the
distance between the tower and the property line except if there is a use that
the city council indicates will not be affected by a tower collapse; (i. e.
railroad right-of-way, lake, creek, unbuildable land);
j ) tower shall be in compliance with all applicable federal
communications commission (FCC) requirements;
k) towers shall be in compliance with all applicable federal aviation
administration (FAA) requirements;
1) towers shall require security fencing of 10 feet in height around
the base;
m) towers shall not be art if icially lighted unless required by the FAA
or state aeronautics division;
n) at least two off-street parking spaces and one additional space for
each two on-site personnel will be provided;
0) all transmission towers shall be built to structurally accommodate
the maximum number of foreseeable uses technically practicable;
p) no conditional use permit will be granted for a transmission tower
until the existing transmission tower is fully utilized;
q) that one commercial transmission tower is allowed per site;
r) that the maximum height of a commercial transmission tOlver is 75
feet. (Amended Ord. No. 91-672 )
560.03. Antennas. Antennas used for a commercial use may be attached to existing .
structures in residential, business and industrial districts providing no antenna is 20
feet above the existing structure, Four providers may be allowed on an existing
structure. (Ord. 91-672) (Amended Ord. 2000-841)
560.04. Front yard variance. In any R district, wherever a platted block or otherwise
subdivided area has dwellings located on 50% or more of the parcels located between two
streets, the front yard set-back line may be reduced below the minimum which would be
therein required, but shall in no case be less than either the average front set-back
lines already established by the dwellings located in such block or area or 15 feet
which ever is greater.
560.05. Frontaoe. No residence shall hereafter be erected upon any lot unless such
lot abuts upon an improved public right-of-way for at least 35 feet and provides access
to the lot from this right-of-way unless it is located within an approved P.D.D. The
access to a lot may be only 20 feet in width from a public right-of-way. (amended Ord.
No. 94-742)
560.07. Farminq operations. All farms in existence on August 11, 1966 may continue
operation subject to the following conditions:
a) Agriculture, except commercial animal farms, fur farms, kennels and
poultry farms, but including truck gardening and other horticultural uses is a
permitted use in any district in which such existing operation is located.
.
Section 560 Page 2
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November 27, 2002 ~ Council Report 02-184
HOPKINS
V ARIANCE~FRONT AND SIDE YARD SETBACK
. Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 02-11 L approving
an eight-foot side yard and 25-foot front yard variance at 254-20th Avenue North to
locate telephone equipment.
At the Zoning and Planning meeting Mr. Bartz moved and Ms. Halverson seconded a
motion to adopt Resolution RZ02-28, recommending approval of an eight-foot side yard
and 25-foot front yard variance at 254_20th Avenue North to locate telephone equipment.
The motion was approved unanimously.
Overview.
Qwest is proposing to attach an antenna on the top of the light fixture near the edge of
the dead end hammerhead on 20th A venue North. The ordinance allows antennas on
existing structures, and we encourage this to prevent additional towers from being
constructed. The antenna also needs ground equipment. The first idea of Qwest was to
locate the ground equipment at the western edge of the dead end hammerhead on 20th
Avenue North in the vacated right-of-way at the crest of Hilltop Park. The City
expressed concerns about locating this equipment in a park. The solution was to locate
the equipment on the residential lot near the antenna. Qwest contacted the property
owner of254 20th Avenue North, and the property owner has agreed to the location if the
variance is granted. The ordinance requires that telephone equipment conform to the
e yard setbacks. In this case the sideyard is eight feet and the front yard setback is 25 feet.
With the minimum setbacks, the equipment would interfere with the sidewalk and be
very close to the home. The owner of the home wants the equipment at the proposed
location.
Primary Issues to Consider.
. What is the zoning of the property?
. What does the ordinance require?
. What are the specifics of the applicant's request?
. What special circumstances or hardship does the property have?
. What was the discussion at the Zoning and Planning meeting?
Supportin2 Documents.
. Analysis ofIssues
. Site Plans
. Resolution 02-111
0
Nanc . Anderson, AICP
Planner
Financial Impact: $ N/A Budgeted: YIN Source:
. -
Related Documents (CIP, ERP, etc.):
Notes:
CR02-184
Page 2
Primary Issues to Consider. .
. What is the zoning of the property'?
The subject property is zoned R-I-A, Single and Two Family High Density.
. \Vhat does the ordinance require?
530.09 c) Municipal service structures subject to the following:
l. Any structures involving a use in connection with the transmission of electric,
telephone, telegraph, gas, water, sewer and other public or private utilities,
including any fence in connection therewith, shall conform to yard requirements,
architectural style and landscaping of the immediate neighborhood:
2. Electric power transmission lines shall be located along public street (RO.W.) or
along railroad RO.W.;
3. Buildings in public parks provided they are 50 feet or more fTom all lot lines in
an R district.
The ordinance requires an eight-foot sideyard and a 25-foot fTont yard setback in an R-l.
A zoning district.
. What are the specifics of the applicant's request? .
The applicant has requested a variance for an eight-foot sideyard and a 25-foot front yard
variance. Qwest will be erecting a new utility pole in order to accommodate the antenna
mount. An antenna is allowed to be 20 feet higher than the existing structure. The new
antelma will not be 20 feet high.
. What special circumstances or hardship does the property have?
The Zoning Ordinance states the following: a variance is a modi fication or variation
from the provisions of this code granted by the board and applied to a specific parcel of
property because of undue hardship due to circumstances peculiar and unique to such
parcel. The Zoning Ordinance also states the following: that the Commission must find
that the literal enforcement of the provision of the Zoning Ordinance would cause an
undue hardship because of circumstances unique to the individual property under
consideration and that the granting of a variance to the extent necessary to compensate
for said hardship is in keeping with the intent of this code.
Tn this case the applicant does have a situation that is unique to the property. This home
is at the end of 20th Avenue and abuts an unimproved street, and the unimproved street
(Third Avenue) abuts a park. With the minimum setbacks the equipment would be
closer to the home and interfere with the use of the sidewalk. Putting the equipment .
fmiher from the home will not interfere with the home or the park.
We encourage the cellular companies to use existing structures so more towers will not
be constructed. Qwest has looked at other sites that we have suggested and those sites
CR02-184
Page 3
do not work. This site, by using a utility pole, will minimize the impact on the
. surrounding property. By locating the ground equipment near the property lines of the
residential lot, any impact on the lot will be minimized.
. What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the applicant's request with the Commission. Larry Coleman,
representing Qwest, appeared before the Commission. Mr. Coleman stated that they had
tried to find other locations for a gap in the service and they did not work. This location
will fill in a gap they have in the service. The homeowner wants the ground equipment
in this area. No one appeared regarding this item.
Alternatives.
1. Approve the variance. By approving the variance, the applican~ will be able to
construct the anterma with the ground equipment as proposed.
2. Deny the variance. By denying the variance, the applicant will not be able to
construct the anteIUla as proposed. If the Planning Commission considers this
alternative, findings of fact will have to be stated that support this recormnendation.
3. Deny the variance and place the ground equipment in the park.
. 4. Continue for further information. If the City Council indicates that further
information is needed, the item should be continued.
.
----"-
CITY OF HOPKINS
Hennepin County~ Minnesota
RESOLUTION NO: 02-0111 .
RESOLUTION MAKING FINDINGS OF FACT APPROVING AN EIGHT- FOOT SIDE
YARD AND 25- FOOT FRONT YARD SETBACK V AlUANCE TO ALLOW
CONSTRUCTION OF TELEPHONE EQUIPMENT
WHEREAS, an application for Variance VN02-6 has been made by Qwest; and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Valiance VN02-6 was made by Qwest on October
27,2002;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a me.eling 011 the application and reviewed such application on
November 26, 2002: all persons present were given an opP0l1unity to be
heard;
3. That the written comments and analysis of the City staff were considered;
and
4. Legal description of the parcel is as follows: .
Lots 1 and 2 and the north 10 feet of Lot 3 Block 5 West
Minneapolis Third Division.
NOW, THEREFORE, BE IT RESOLVED that application for Variance VN02-6 is
hereby approved based on the following Findings of Fact:
1. That the subject property is unique because it abuts an unimproved and
dead end street.
Adopted this 3rd day of December 2002.
Eugene 1 Maxwell, Mayor
ATTEST:
TetTy Obcrmaier, City Clerk
.
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