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,'Report 83-23 Page' #2 'The Special Use Permit application is actually necessary to satisfy three separate ordinance provisions, as follows: 1. Section 10-040. The property is within a Floodway District. The application is requesting to be permitted under Section 10-040 (b-7) which refers to "other uses similar in nature" to other permitted and special uses allowed in the floodway district. 2. Section 6-050. The placement of a tower is not listed as a permitted use in a light industrial district. Section 6-050 state however that the Council can permit any use in industrial district by means of a special use permit. 3. Section 6-420 and Section 4-600. The 1-1 district has a 40 foot height limitation. Section 6-420 states that structures proposed to exceed the 40 foot limitation are regulated by Section 4-600, which deals with towers and similar structures. Section 4-600 was adopted by the Council approximately It years ago. Attached are the comments submitted by the applicant and their attorney in response to their application for the special use permit. This application for the tower also requires Federal permits from the FAA and FCC, approval from Minnesota Department of Natural Resources (DNR) and the Rice Creek Watershed District. As of this writing approval have been received from all of the above with the exception of DNR. PREVIOUS PLANNING COMMISSION CONSIDERATION This application was discussed extensively at a public hearing on December 21, 1982. The Planning Commission minutes for this meeting are enclosed in the Council packet. Attached is a letter dated December 28, 1982 from Becky Comstock, attorney for the applicant, in response to the Planning Commission concerns. Concerns expressed by the Planning Commission include: need for an environmental assessment worksheet (EAW), whether the tower could be permitted under the flood plain zoning ordinance, maintenance program, and interference concerns. The Planning Commission again considered the application for SP-109 and LP-137 at the continued public hearing on January 18, 1983 (Extract of Minutes attached). The Planning Commission expressed a concern that DNR's approval had not yet been received. However, the Planning Commission is recommending approval (resolution attached) subject to a number of conditions including a requirement that DNR approve the project. FLOOD PLAIN ZONING ORDINANCE Enclosed is a letter from the City Attorney, dated December 27, 1982, regarding the special use permit for the radio tower. My opinion, based on this letter, is that the impact of the tower would be similar to the impact of other permitted or special uses. Further, that the effect of flooding on the tower would be similar to the effect of flooding on other permitted or special uses. Therefore, my opinion is that the tower could be considered for approval pursuant to Section 10-0406 (7).