(A) Initial criteria. The City Council may grant a variance to the setback, separation or buffer requirements, and maximum height provision of this subdivision based on the criteria set forth elsewhere in this chapter.
(1) The location, shape, appearance or nature of the use of the proposed tower will not substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located.
(2) The variance will not create a threat to the public health, safety or welfare.
(3) If the request is for a modification to the setbacks, the size of the parcel upon which the tower is proposed to be located makes compliance impossible, and the only alternative for the applicant is to locate the tower at another site that poses a greater threat to the public health, safety or welfare or is closer in proximity to residentially zoned land.
(4) If the request is for a modification of separation requirements, the applicant must provide technical evidence from an engineer that the proposed tower and antennas must be located at the proposed site in order to meet the coverage needs of the applicant’s wireless communications system. The applicant must also submit a landscape plan showing buffers to screen the tower base from being visible from a residential area.
(5) If the request is for modification of the maximum height limit, the applicant must provide evidence documented by a qualified professional engineer licensed by the State of Minnesota, showing the modification is necessary to facilitate collocation of telecommunication antennas and ground equipment to avoid the construction of a new tower, or to meet the coverage requirements of the applicant’s wireless communications system.
(Ord. 2000-936; Am. Ord. 2004-1029, passed 12-13-04)