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-~ RESOLUTION No. 96-036 I ~ 1 I r I I I I 1 I STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON REsOLUTION MAKING FINDINGS OF FACT AND APPROVING SP-190. WHEREAS, an application for a special use permit has been made by American Portable Telecom; and WHEREAS, the procedural history of the application is as follows: I. An application for a special use permit was filed with the City of New Brighton on February 2, 1996. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on February 20, 1996, March] 9, 1996, and May 21, ] 996, and all persons present at the hearing were given an opportunity to be heard. 3. The City Council considered SP-] 90 at its meeting on May 28, 1996. Now THEREFORE BE IT RESOLVED, the City Council makes the following Findings of Fact in respect to SP-190: I. The proposed digital wireless telephone antenna system and related equipment and building is a Special Use in the R-I district. 2. The proposed equipment building would comply with R-I district setback standards and be adequately screened from adjacent residential properties and public right of ways. 3. 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. 4. 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. 5. 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. 6. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. 7. 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. BE IT FURTHER RESOLVED, the application SP-190 is hereby approved subject to the following condition: I. Completion and execution of a lease agreement between the City and the applicant pertaining to renting space on the subject City Well House site for telecommunication equipment and building. Adopted this 28th day of May, ] 996. ': A 'fTEST: ~.,/ obert Ben e ayor :; ATTEST: .. M'rgaret E~~wN Finance Director/City Clerk (Seal)