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Shakopee Planning Commission Meeting
October 7, 2021
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| | | | | | | | | FROM: | Mark Noble, Senior Planner | | TO: | Planning Commission |
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| | | | | | | | Subject:
Request for Exception Pursuant to City Code Section 90.51C.2 (a) |
| | | | | | | | Policy/Action Requested:
Offer a motion of a negative recommendation to the City Council regarding the Exception request, based on City Engineering’s findings. |
| | | | | | | | Recommendation:
Approve requested action. |
| | | | | | | | Discussion:
Comcast is requesting that the Planning Commission recommend approval to their exception of City Code Section 90.51C.2 (a) which pertains to installation of overhead service along Marschall Road.
Comcast submitted an application for fiber installation on overhead lines along Marschall Road, between Shakopee Avenue and Vierling Drive. City Code Section 90.51 pertains to requirements for undergrounding utilities within the City of Shakopee. City Engineering staff denied this application as it was not consistent with the requirements noted in this section of city code and recommended Comcast review the City Code requirements, redesign their plans, and resubmit as an underground installation.
Comcast has submitted a request for an exception to undergrounding based on technical and economic feasibility [City Code Section 90.51C.2 (a) (Technical and economic feasibility)]. This section states that above ground installation, construction, or placement of facilities shall be allowed in residential, commercial, and industrial areas where the City Council, following consideration and recommendation by the Planning Commission, finds that underground placement would place an undue financial burden upon the landowner, ratepayers, or right-of-way user or would deprive the landowner of the preservation and enjoyment of substantial property rights. Comcast has provided a letter to support their request.
City staff have provided a memo (see memo from Micah Heckman, Project Engineer, dated 10/1/21) that supports their recommendation for denial, noting specifically that:
1. The intent of City Code 90.51 is clear in the fact that new utility construction should be underground to promote the health, safety, and general welfare of the public.
2. Allowing overhead installation of utilities may hamper and further extend the ability to eliminate overhead utilities in this corridor.
3. The cost to underground utilities is inherently more than placing utilities on existing overhead infrastructure. However, there is nothing unique about the subsurface conditions in this area that would prohibit underground installation of utilities.
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