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n <br />U <br />Approved <br />PLANNING COMMISSION PROCEEDINGS <br />CITY OF NEW BRIGHTON <br />Regular Meeting — March 18, 2008 at 7:00 p.m. <br />Present: Commissioners Larry Baker, Bruce Howard, Jim O'Brien, Norm Schiferl, and Paul <br />Zisla. <br />Absent: Tom O'Keefe, and Karen Mann. <br />Also Present: Sharon Doffing, Council Member, and Janice Gundlach, City Planner. <br />Agenda Review: Agenda was approved. <br />Minutes: Minutes for February 19, 2008 were approved. <br />Council Action: Council Member Doffing announced the Council approved the dynamic sign <br />ordinance, which was modified slightly to be consistent with MNDOT requirements. The <br />Council also approved the Northwest Quadrant Task Force, which will oversee the financial <br />budget for the development. She stressed that the Task Force's job would not include <br />advertising for new developers, but reviewing the fiscal numbers for the development. <br />Public Hearings: SP2008-003 Special Use Permit to Allow an 80' Low Profile Monopole <br />within Hidden Oaks Park at 1560 26`h Avenue NW <br />• The applicant is requesting consideration of a Special Use Permit to permit erection of an 80' <br />low profile monopole within Hidden Oaks Park, located at 1560 29"' Avenue NW. The applicant <br />initially contacted the Director of Public Works and the Director of Parks and Recreation <br />regarding this request. Information regarding the lease agreement was shared with the applicant, <br />at which point the applicant proceeded in drafting the necessary plans for the Special Use Permit <br />process. The applicant's Special Use Permit was received on February 1, 2008. Following <br />internal staff discussions about process, it was determined that the applicant should appear before <br />the Parks, Recreational & Environmental Commission (PREC) Nnor to the required public <br />hearing with the Planning Commission. This occurred on March 5 , with PREC recommending <br />approval. Staff sent a letter to the applicant extending the 60 day review period to May 31, 2008. <br />Zisla asked how the applicant was able to apply for a special use permit when they do not own <br />the property and do not have a legal agreement with the property owner. Gundlach replied that <br />the Zoning Code does not require landowner consent for any person or company to apply for a <br />special use permit; however a building permit would not be issued unless there is landowner <br />consent. She added that the applicant had approached City staff and felt that the City may be a <br />willing landlord. It wasn't until the application arrived on her desk that it became apparent that <br />there might be an issue. She stressed that the Council would make that decision. Staff is subject <br />to the sixty day rule per State law and the applicant has agreed to an extension to the May 20`h <br />meeting, otherwise the Commission would be forced to deny the petition. <br />• Gundlach gave a brief history of how the cell towers were placed in the Creek View Park. She <br />stressed that the two parks are inherently different in use and topography. The first tower <br />increased the height of an existing emergency tower that contained a weather siren and was <br />