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~t .~ ~ RESOLUTION NO. 83~07 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON "';:1 i I I ! I; RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATIONS FOR SPECIAL USE 11 PER~1IT, SP-109 AND BUILDING PERMIT. LP-137. I' " WHEREAS, an application for a Special Use Permit, SP-109 and Building I Permit, LP-137 has been made by Central Baptist Theological Seminary for the :: construction of a 500 foot radio tower in Jones Lake. I I i I I II NO~I, THEREFORE BE IT RESOLVED by the Council. that the I following Findings of Fact are made in respect to SP-109 and lP~137: ! i l! Ii 1/ H ji , I i ~ P , ' I 1 I i j; i ~ I: I i ! ! i: \' ~ I Ii " ;1 I' i; ; ~, WHEREAS, the procedural history of the application is as 1. That the application for a Special Use Permit, SP~109 and Building Permit, lP-137 were filed with the City on December 1, 1982. That the Planning Commission, pursuant to published and mailed notices, held a public hearing on December 21, 1982 and January 18, 1983, all persons present at the hearings were given an opportunity to be heard. That the Council considered the applications on January 25, 1983. All persons present were given an opportunity to be heard. 2. 3. 1. 2. 3. That the property is zoned 1-1, light Industrial. That the property is includedina general floodway district. That construction of a 500 foot Radio Tower is not listed as a permitted use under Secti on 6-020. That construction of a 500 foot Radio Tower is not listed as a permitted use under Section 10 040 (a), Permitted Uses ~r 10-040 (b), Special Uses of. the Flood'Plain zonihg'ordinancel2 , '. That Section 6-050, Uses by Special Permit, 1-1 district states that the City Council may permit any use in industrial districts by means of a special use permit. That Section 4-600 and Section 6-420 provides for construction of towers exceeding district height limitations. That the general purpose of flood district regulations is to protect the public health, safety and welfare from the impact of flooding. That construction of the tower will not increase the effect of flooding on other properties~ That the constructed radio tower will not be significantly affected by flooding. That as a result of 7, 8, and 9 above the application can be con- sidered under Section 10-040 (b) - 7 of the Zoning Code. That the application conforms with requirements of Section 4-600. That the establishment of the tower will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. That adequate utilities, access roads, drainage and/or necessary facilities are being provided. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. BE IT FURTHER RESOLVED that the applications for SP-109 and LP-137 are and hereby 'approved subject to' the' fo'l'lpwi ng:cohdi tionS:'. . 1. 2. 3. Conformance to all requirements and regulations contained in Section 4-600 of the zoning code. Conformance with plans submitted. I Annual inspections, and report, by a independent, third party, acceptable to the City Building Official. Thirty (30) days prior I to inspection the applicant shall inform the Building Official as to j the third party inspections. At least fifteen (15) days prior to thel inspection the City Building Official shall accept or reject the I third party inspector. All costs of the third party inspector shall be the responsibility of the applicant.