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I 1 <br /> Approved <br /> (B) Variance Legislation <br /> City Planner Gundlach included a small write up regarding the Minnesota Supreme Court opinion from <br /> June 2010 regarding the hardship issue. The League has worked on a bill replacing the word hardship <br /> with practical difficulties. <br /> (C) Update on Clearwire Telecommunication Tower at Freedom Park <br /> City Planner Gundlach reported in early 2010 the telecommunication tower was approved by the City <br /> Council. The tower was subsequently built much larger than approved by the City Council. In <br /> December 2010 the City Attorney sent a letter to Clearwire stating they were in default; as they are on <br /> City property. The attorney for Clearwire responded stating they are not in default, as they built the <br /> tower to comply with the conditions of approval. However they did not communicate to City staff, the <br /> Planning Commission, or the City Council that in order to meet the conditions of a 4 locate tower the <br /> tower would have to be much larger than originally approved. Clearwire has until February 8th to clear <br /> the default. Councilmember Phillips stated it is a significant issue, as the tower has a diameter of almost <br /> 4 times what was approved. <br /> Chairperson Howard stated he will be giving an update to the City Council on the Planning Commission <br /> activities in 2010 on January 25,2011, all commissioner were invited to join him. <br /> Adjournment: <br /> Motion by Commissioner Danger, seconded by Commissioner Alvey to adjourn the meeting. <br /> 6 Ayes,0 Nays,Motion Carried <br /> Meeting adjourned at 7:35 PM <br /> 3 <br />