6.4. SR 07-20-1998~ity of
iver
FROM:
MEMORANDUM
Item# 6 /4.
Mayor and City Council
/
Scott Harlicker, Planning Assistant~
DATE:
July 20, 1998
SUBJECT:
Request by U.S. West Wireless for
Variance, Public Hearing Case No.
V 98-5
Request
Consider a request by U.S. West Wireless for a variance request to setback
requirements
Location
The property is located at 19050 Industrial Boulevard, Lot 4, Block 2, Elk
River Industrial Park
Zoning/Land Use
I1 (Light Industrial) / LI (Light Industrial)
Attachments
Location map
· Site plan
Supporting documentation from applicant
Overview
U.S. West is proposing to lease an area approximately 32' by 32' in order to
construct a 150 foot tall self supporting mono-pole which will support their
wireless PCS antennas. The area the applicant is leasing is part of a 2 acre
lot located in the Elk River Industrial Park. The building is currently used as
office space and light manufacturing. The tower is proposed to be located
near the rear or northeast corner of the building.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor and City Council]V 98-5
July 13, 1998
Page 2
The site is located in the middle of the industrial park. Adjacent businesses
include Tescom, School District 728 maintenance building, E & O Tool and
Plastics and Dynetics Systems.
In order to proceed with their proposal, the applicant has requested a
variance to the setback requirements, a rezoning to AT and a conditional use
permit for the tower.
Variance
The applicant is requesting a variance to the setback requirement for
antenna towers. The setback requirement from all property lines is equal to
the height of the tower. The proposed tower is 150 feet high which requires a
150 foot setback from all property lines. The proposed setbacks for the
antenna tower are:
· 190 feet from the south property line
· 110 feet from the north property line
· 90 feet from the west property line
· 90 feet from the east property line
A variance of 40 feet is needed from the north property line, and 60 feet from
east and west property lines.
Staff refers the Council to Section 900.40 of the City of Elk River Code of
Ordinances for the five standards to consider when reviewing a variance. A
variance may be granted only if it meets the following five conditions:
1. Literal enforcement of the ordinance will cause undue hardship.
o
The hardship is caused by special conditions and circumstances which
are peculiar to the property and the structure involved and which are
not characteristic of, or applicable to, other lands or structure in the
same area.
The literal application of the provisions of this ordinance would
deprive the petitioner of rights enjoyed by other properties in the same
district under the terms of this ordinance.
The special conditions and circumstances are not a consequence of the
petitioner's own action or inaction.
°
The variance will not be injurious to or adversely affect the health,
safety or welfare of the residents of the City or the neighborhood where
\\elkriver\sys\shrdoc\planning\scott\v98-5cc.doc
Memo to Mayor and City CouncilN 98-5
July 13, 1998
Page 3
the property is located and will in keeping with spirit and intent of the
ordinance.
The applicant claims the structural design of the tower allows the tower to
bend to off-load the wind resistance, not fall over. Therefore, the 150 foot
setback is not necessary for safety reasons. The 150 foot setback would also
place the tower in the center of most industrial lots and would interfere with
the reasonable use of the property or is impossible given the existing
development.
The hardship is particular to the land and structure involved in that the
property is only 280 feet wide which does not allow any location on the site
to meet the 150 foot setback. The tower is setback a minimum of 90 feet
which is more than half the height of the tower.
There are two other sites in the city with monopole towers, AT&T and APT,
that do not meet the setback requirements. There are also 3 guyyed lattice
towers located near the intersection of County Road 33 and Proctor Road
which do not meet setback requirements. Ail the towers referred to in this
paragraph were constructed prior to the current setback requirements.
The granting of the variance will not adversely affect the health, safety or
welfare of the residents. The granting of the variance will allow the
placement of the tower in an industrial area with little or no impact on any
residences. The granting of the variance will also allow for improved digital
wireless technology for Elk River.
Board of Adjustment Meeting
At the June 23rd Board of Adjustment meeting no one spoke at the public
hearing. The Board discussed the setback requirement and how it limits the
possible locations for antenna towers. The Board voted to deny the variance
request based on the following:
The applicant failed to show that the literal enforcement of the
ordinance will cause undue hardship.
The applicant failed to show the hardship is caused by special
conditions and circumstances which are peculiar to the property and
the structure involved and which are not characteristic of, or
applicable to, other lands or structure in the same area.
\\elkriver\sys\shrdoc\planning\scott\v98-5cc.doc
Memo to Mayor and City Council/V 98-5
July 13, 1998
Page 4
3. The applicant failed to show the literal application of the provisions of
this ordinance would deprive the petitioner of rights enjoyed by other
properties in the same district under the terms of this ordinance.
The applicant failed to show the special conditions and circumstances
are not a consequence of the petitioner's own action or inaction.
Recommendation
The following findings are offered in support for a decision denying the
applicant's variance request to the setback requirement for antenna towers:
The applicant failed to show that the literal enforcement of the
ordinance will cause undue hardship.
The applicant failed to show the hardship is caused by special
conditions and circumstances which are peculiar to the property and
the structure involved and which are not characteristic of, or
applicable to, other lands or structure in the same area.
The applicant failed to show the literal application of the provisions of
this ordinance would deprive the petitioner of rights enjoyed by other
properties in the same district under the terms of this ordinance.
The applicant failed to show the special conditions and circumstances
are not a consequence of the petitioner's own action or inaction.
Should the Council decide to approve the applicant's variance request, the
following findings are offered in support of that determination:
Literal enforcement of the ordinance will cause undue hardship in
that the tower is designed to collapse on itself not fall over and
compliance with the setback requirement would place the tower in the
middle of the property which would interfere with reasonable use of
the property.
The hardship is caused by special conditions and circumstances which
are peculiar to the property and the structure involved and which are
not characteristic of, or applicable to, other lands or structure in the
same area. The hardship is particular to the land and structure
involved in that the property is only 280 feet wide which does not allow
any location on the site to meet the 150 foot setback.
\\elkriver\sys\shrdoc\planning\scott\v98-5cc.doc
Memo to Mayor and City Council/V 98-5
July 13, 1998
Page 5
3. The literal application of the provisions of this ordinance would
deprive the petitioner of rights enjoyed by other properties in the same
district under the terms of this ordinance. There are other two other
sites in the city with monopole towers, AT&T and APT, that do not
meet the setback requirements. There are also 3 guyyed lattice towers
located near the intersection of County Road 33 and Proctor Road
which do not meet setback requirements.
o
The special conditions and circumstances are not a consequence of the
petitioner's own action or inaction. The need for the variance is a
consequence of the lot width.
o
The variance will not be injurious to or adversely affect the health,
safety or welfare of the residents of the City or the neighborhood where
the property is located and will be in keeping with spirit and intent of
the ordinance. The granting of the variance will allow the placement of
the tower in an industrial area with little or no impact on any
residences. The granting of the variance will also allow for improved
digital wireless technology for Elk River.
\\elkriver\sys\shrdoc\planning\scott\v98-5cc.doc
LOCATION
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PLAN
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ELEVATION LOOKING NORTH
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Wireless
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SCL005
19050 Industrial Way
Elk River, MN
Mr. Scott Harlicker
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
Planning Department
RE:
Application to Construct a One Hundred Fifty (150) Foot Antenna Support
System at 19050 Industrial Blvd. N.W.
Site No. SCL-005
Dear Mr. Scott Harlicker,
This letter is designed to comply with application procedures for an administrative review
in order to receive a permit for a PCS antenna support system to be located in Elk River.
US WEST Wireless has been authorized by the landowner to present this application on
their behalf.
US WEST Wireless has been licensed by the Federal Communications Commission and
is scheduled to deploy a wireless Personal Communications System (PCS) in Sherburne
County and the surrounding areas in the third quarter of 19.98. To fulfill its mandate from
the Federal Communications Commission, US WEST Wireless will be developing a grid
of antenna throughout its service' area. These antenna must be spaced, depending on
certain technical and geographical variables, at intervals approximately five (5) miles
from each other and at a height of approximately seventy five (75) to one hundred eighty
(180) feet above the ground. The intent of the deployed system will be to provide
wireless services to all Twin City area communities. Since US WEST Wireless
Communications intends to utilize PCS as an affordable Wireless Local Loop service,
coverage at the neighborhood level is essential (unlike Cellular, which is typically a high-
cost mobile service).
PROPOSED USE:
We propose to construct a one hundred fifty (150) foot antenna support system for a
wireless Personal Communications Service (PCS). An unmanned prefabricated
equipment rack measuring approximately 3'-0" x 12'-0" x 6'-0" will be located at the
base of the system. No advertising will be attached or located on the antenna support
system nor will the system be illuminated.
The foundation for the antenna support system will be a concrete caisson design. The
specifications take into account soils, local wind loading guidelines and the type of
equipment to be attached to the antenna support system. A safety factor is included in the
design parameters resulting in a pole that typically exceeds local building code
requirements. We have included an structural integrity report of the antenna support
system by a professional engineering detailing that the system is designed to bend but not
fall. (Exhibit C).
Drainage of the site will not be changed. This site will require single phase two hundred
(200) amp electrical service and a T 1 telephone for utilities. US WEST Wireless agrees
to remove the antenna support system in twelve (12) months after the cessation of use,
unless a written exemption is granted to US WEST Wireless by the Zoning Administrator
of Elk River.
This site will enhance public safety and welfare because it will enable US WEST
Wireless Communications to bring new CDMA cellular technology to the area. CDMA
technology, which did not exist four years ago, now is considered the leading wireless
access technology in the industry. Police, firefighters and motorists will have greater
flexibility of wireless phone choices, which will allow them more security in placing
emergency calls as needed. Additionally, CDMA encoding will virtually eliminate the
possibility of phone number cloning and cell number theft.
US WEST Wireless is willing to provide for and accommodate co-location on the
proposed antenna support system. Screening of the equipment will be provided by trees
and scrubs which is illustrated in the enclosed site plan.
ZONING REQUIREMENTS
The property is located at 19050 Industrial Blvd. N.W., Elk River and is zoned I-1
(Industrial). The placement of the antenna support system will have minimal impact on
neighboring properties and will allow for the development of personal wireless service to
serve the area of Elk River and the surrounding communities. This site does not meet the
necessary setbacks from the property lines. This site is also over a mile from the nearest
antenna support system.
The establishment, maintenance or operation of this site will promote and enhance the
general public welfare and will not be detrimental to or endanger the public health, safety,
or comfort. PCS transmissions operate at very low power levels.
A variance will be needed in order to meet the necessary setbacks. The proposed antenna
support system is one hundred ninety (190) feet from the Southern property line, one
hundred ten (110) feet from the Northern property line, ninety (90) feet from the Western
property line and ninety (90) feet from the Eastern property line. The variance is needed
because the zoning allows setbacks equal to or greater than the height of the pole which is
one hundred fifty (150) feet. The ordinance/land use amendment will be needed to zone
the proposed site to allow for antenna support systems - create an AT (antenna tower)
district.
Special arrangements need not be made to accommodate access to the site. The proposed
use will cause no traffic congestion or interference with traffic on the surrounding public
streets. Site visits will be rare and once the antenna has been installed. Parking will not
be an issue because site visits will be infrequent and of limited duration. This site will
have adequate utilities for the use and adequate access is provided to the site.
US WEST Wireless hopes this correspondence and enclosures address all issues. Should
you have additional questions regarding the attached information or would like to discuss
PCS technology further, please contact us at 612/642-6016. US WEST Wireless
appreciates the assistance that we have received from the Elk River staff and we look
forward to working with you to better serve the citizens of your community.
In conclusion, US WEST Wireless has designed a wireless Personal Communications
System for the Twin Cities and area communities that attempts to work within the
allowable zoning ordinances without compromising the intended service requirements of
the system.
Thank you for your time and consideration of this application.
Res~
.-
Mr. Kenneth Nielsen
Real Estate Administrator for US WEST Wireless L.L.P.
U S WEST Wireless, L.L.C.
426 North Fairview Avenue Room 101
St. Paul. MN 55014
June 3, 1998
Mr. Scott Harlicker
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE: Additional information regarding US West Wireless's proposed
Communications Facility at 19050 Industrial Blvd. N.W.
Site No. SCL-005
Mr. Scott Harlicker,
As you requested please find enclosed a narrative of the required findings for a variance
to be granted.
1) The literal enforcement of the ordinance would cause undue (unnecessary,
unavoidable, extreme) hardship.
The required setbacks equal to the height of the monop.[2le places an unnecessary
hardship for the proposed facility. As the structural i/ttegrity letter attached as
Exhibit C to the conditional use permit application indicates, in the event of
extremely high winds the monopole is designed not to fall but to bend like an upside
down j just enough to off-load the wind resistance. The literal enforcement of the
ordinance would force the pole to unnecessarily be placed 150 'from all property
lines. This would place the facility near the center of most industrial zoned properties
which would greatly interfere with reasonable development of the property, or be
impossible due to existing development as is the case with the proposed site. It is
important to note that the proposed site is centrally located in an industrial park,
which greatly helps to buffer it from residential areas.
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 peculiar to the land and structure involved. The proposed monopole
does not have the same safety concerns regarding setbacks, as would a building or
even a guyed tower. The proposed monopo/e location works with the existing fully
developed property and gives it at least 90'setback from all property lines. Ninety
feet is well over half the height qf the monopole and clearly poses no threat to public
safety.
Access2*" Advanced PCSTM
Paging Services
3)
That the literal application of the provisions of this Ordinance would deprive the
petitioner of rights enjoyed by other properties in the same district under the terms of
Ordinance.
This is not a typical use in any district of the city and therefore it is difficult to
compare this proposal to other uses and properties in the same district. 7he literal
application of the provisions of this Ordinance would unnecessarily deprive the
petitioner of utilizing a site that clearly complies with the spirit of the ordinance,
which is to not harm public health safety or welfare and to buffer monopole sites
from residential districts as much as possible.
4) That the special conditions and circumstances are not a consequence of the
petitioner's own action or inaction.
7he special conditions result from a combination of two factors. The height of the
monopole which is dictated by the characteristics oj'wireless technology and the fact
that industrially zoned properties not adjacent to residential districts in Elk River are
approximately 3 75' x3 75 '. This makes it very difficult to utilize the properties for
reasonable industrial use and still meet the required setbacks. (see attached map)
5)
That the variance w/ll not be injurious to or adversely affect the health, safety or
Welfare of the residents of the City or the neighborhood wherein the property is
situated and will be in keeping with the spirit and inte.nt of the Ordinance.
This criteria set forth by this paragraph is clearly the most relevant lo the proposed
facility. The proposed location for this facility will not adversely affect the health
safety or welfare of the residents or the industrial neighborhood. In fact, by
approving this variance allowing the proposed site to be located centrally in the
industrial park the welfare of the residents will be enhanced by not having a site
located on a larger parcel directly adjacent lo a residential neighborhood. ~41so, the
benefits to the community from digital wireless technology can't be understated.
Most of the residents of Elk River already recognize the ability of wireless sera, ice to
enhance their lives with added security, convenience and productivity.
If you require any further information or have any questions, please do not hesitate to call
me at 642-6279. Thank you for your time and consideration.
Respectfully, ~ - ',
Mr. Kenneth Nielsen
Real Estate Administrator for US WEST Wireless
U S WEST Wireless, LLC.
426 North Fairview Avenue Room 101
St, Paul, MN 55014
May 15, 1998
Zoning Board
City of Elk River
Elk River, Minnesota
Re: Coverage, capacity and interference study for US WEST Wireless site SCL005A
located at 19050 Industrial Blvd. NW, Elk River.
Dear Members:
US WEST Communications is scheduled to deploy a wireless Personal
Communications System (PCS) for the Minneapolis - St. Paul greater metropolitan
area in the second quarter of 1998. The intent of the deployed system will be to
provide ubiquitous wireless services to the Twin Cities and surrounding communities
including St. Cloud and communities along 1-94 & Hwy. 10 corridor. In order to meet
the requirements of continuous (seamless) coverage and .to be able to carry the
projected traffic, a cell site is currently designed to be built at 19050 Industrial Blvd.
Elk River, Minnesota.
In deploying a PCS system, distinguishing features from conventional Cellular
services currently available will be the PCS system's voice quality, capacity and
coverage depth. Utilizing Code Division Multiple Access (CDMA) technology, US
WEST's system will provide voice quality that compares favorably to landline quality
with site capacity capabilities of approximately six times that of an analog cell site.
While choosing an appropriate location for a proposed cell site, we try to meet
the coverage and capacity objectives of that particular service area. In a typical
situation when a system designer is faced with a trade off between capacity and
coverage, the RF design engineer applies the knowledge of the terrain and
surrounding clutter to the site selection process. For the service area encompassing
19050 Industrial Blvd. NW, the analysis was as follows:
Coverage: One of the major and most visible differences between PCS and
Cellular systems is the area of coverage of an individual cell. Due to the higher
frequency of operation, PCS cells will have considerably smaller coverage areas than
Cellular cells. (For purely coverage, all things except frequency being equal, to cover
a given area at the PCS frequency (1900 MHz) versus the Cellular frequency (900
MHz) requires, 2 - 3 times more cells.) In order to cover the traffic on the heavily
Hwy. 10, connecting the cities of Anoka and Big Lake to Elk River and to ensure
proper connectivity to our proposed cell sites to the South - East and North-West
Access2TM Advanced PCSTM
Paging Services
U S WEST Wireless, LLC.
426 North Fain/iew Avenue Room 101
St. Paul, MN 55014
respectively, while at the same time providing coverage to the surrounding
community in the heart of Elk River, a cell site was deemed necessary to be situated
in the vicinity of this location. To accomplish these coverage objectives our monopole
has been designed to be situated at a height of 150 ft. at the proposed location.
Capacity.- CDMA technology has an inherent capacity advantage over
comparable (current) analog technologies.. A conservative calculation puts this
capacity advantage at six times for comparable operating bandwidths. For a 1.23
MHz bandwidth ( the bandwidth to be utilized in US WEST's initial deployment),
about 1000 subscribers per site can be supported during busy hour (with an
acceptable call blocking probability). For the corridor along Hwy. 10 which SCL005A
is designed to cover, the Minnesota DOT gives the traffic volume as approximately
31,000 automobiles per day, on average. A reasonable estimate of initial customer
penetration puts the traffic carrying requirements for a particular US WEST site in this
vicinity at approximately 250 mobiles during busy hour which equates to at least one
PCS cell site.
Interference: Our equipment manufacturer constructed our equipment to
comply with FCC mandated regulations, and we will not cause any interference to
any other broadcast systems.
Site Selection:The site at 19050 Industrial Blvd. NW was selected because: (1)
drive test results indicated that this site fulfilled all our coverage requirements; (2)
mathematical analysis showed that it could meet the imposed capacity constraints.
Please do not hesitate to contact me directly at (612)642-6039 should you have
any questions regarding the study.
Sincerely,
Khursheed Khan
RF Design Engineer
Access2TM Advanced PCSTM
Paging Services
Scott BaII~uce
Beel~el
US West Wimle~ Project
426 North Fair~iew, Room 101
St Paul, MN 55104
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MILLERBERND MANUFACTURING COMPANY * ~ O. BOX g8 · WINS'FED, MINNESOTA 55395
PHONE (,.t20) 485..21'11 · FAX ($20) 485.4420
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Mill~bez~d Mi'g. Co. has been in busi~ since 1933 ami mamif;aorai~g rnnnopolgs since I948.
Since then, thousands ofmonopoles h~ve been'bulk ~ are ~y slmi]ar to ~ type o~
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If you have any quesiic~ or c~nccnm, plesse call me al (320) 4g5.2111.
Wade Lizmer~ P.E.
I hereby certify Q~al tbl, plan, specifcatinn,
or report was prepared by me or under my
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l~si~er~d Pro~ssional ~r und~ ~