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~ ji I~ r RESOLUTION No. 96-053 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLlJI10N MAKING FINDINGS OF FACT AND APPROVING SP~ 193. WHEREAS, an application for a special use permit has been made by Nextel Communications; and WHEREAS, the procedural history of the application is as follows: 1. An application for a special use permit was filed with the City of New Brighton on June 28, 1996. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on July 16, 1996, and all persons present at the hearing were given an opportunity to be heard. 3. The City Council considered SP~193 at it's meeting on July 23, 1996. Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to SP~ 190: 1. 2. 3. ~ I 4. 5. 6. 7. 8. The proposed digital wireless telephone antenna system and related equipment and building is a Special Use in the R-l district. The proposed equipment building would comply with R~ 1 district setback standards and be adequately screened from adjacent residential properties and public right of ways. The establishment, maintenance, or operations of the proposed antenna system and equipment building will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. The antenna system and equipment building will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The establishment of the antenna system and equipment building will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The digital wireless telephone antenna and equipment building shall in all other respects conform to the applicable regulations of the district in which it is located. The Telecommunications Act of 1996 preempts Cities from prohibiting the placement of cellular antennas within their City limits if the proposal complies with the City's land use regulations. Adopted this 23th day of July, 1996 BE IT FURTHER RESOLVED, the application SP~193 is hereby approved. ATTEST: '7~:kL Robert Benke, yor Y/;;;:Jr --/ M ~S. Fulton, City Manager Matthew (Seal)