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RESOLUTION <br />PLANNING COMMISSION <br />CITY OF NEW BRIGHTON <br />RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL A SPECIAL USE PERMIT. <br />WHEREAS, an application has been made by Rob Viera on behalf of Clearwire Communications to <br />allow construction of three panel antennas and three microwave dishes at a height of 120' at the <br />existing electrical transmission tower located at 2172 Old Highway 8 NW, and <br />WHEREAS, the procedural history of the application is as follows: <br />1. An application for a Special Use Permit was received on October 30, 2009. <br />2. The Planning Commission, pursuant to published and mailed notices, held a public hearing <br />on November 17, 2009 and all present were given a chance to freely speak at the hearing. <br />3. The Planning Commission recommended the City Council approve the request on November <br />17, 2009. <br />WHEREAS, the Planning Commission makes the following Findings of Fact with respect to the <br />Special Use Permit (SP2009-008): <br />1. The property is zoned I-1, Light Industrial. <br />2. The property is guided in the Comprehensive Plan for Light Industrial. <br />3. The applicant has proposed to construct three panel antennas and three microwave dishes at a <br />height of 120' at the existing electrical transmission tower at 2172 Old Highway 8 NW. <br />4. The proposal also includes installation of ground equipment within a 10' x 10' area at 2172 <br />Old Highway 8 NW. <br />5. Section 4-600 (2 & 4) provides for several performance related standards that all wireless <br />telecommunication facilities must meet. <br />6. The Planning Commission determined those criteria of Section 4-600 (2 & 4) are met.. <br />7. The Planning Commission reviewed the proposal in accordance with the following additional <br />Special Use Permit standards of Zoning Code Section 8-130: <br />a. That the establishment, maintenance, or operations of the special use will not be <br />detrimental to or endanger the public health, safety, morals, comfort or general welfare. <br />b. That the special use will not be injurious to the use and enjoyment of other property in <br />the immediate vicinity for the purposes already permitted, nor substantially diminish and <br />impair property values within the neighborhood. <br />c. That the establishment of the special use will not impede the normal and orderly <br />development and improvement of the surrounding property for uses permitted in the <br />district. <br />d. That adequate utilities, access roads, drainage and/or necessary facilities have been or are <br />being provided. <br />e. That the special use shall in all other respects conform to the applicable regulations of the <br />district in which it is located. <br />10. The Planning Commission found the Special Use Permit criteria of Section 8-130 are met <br />due to the following: <br />a. The antennas are being mounted to an existing tower. <br />