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07-9909r RESOLUTION NO. 9909 RESOLUTION APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW THE CO-LOCATION OF TELECOMMUNICATIONS EQUIPMENT ON AN EXISTING COMMERCIAL WIRELESS TELECOMMUNICATION SERVICE (CWTS) TOWER AND THE INSTALLATION OF ACCESSORY EQUIPMENT AT GROUND LEVEL AT 6244 CEDAR AVENUE WHEREAS, an application has been filed with the City of Richfield which requests an amendment to a conditional use permit to allow the co-location of antenna facilities on the existing monopole structure and the installation of related ground-based equipment at 6244 Cedar Avenue, legally described as: Commencing at the Northeast corner of Tract B of Registered Land Survey No. 930, thence Westerly along the North line thereof to a point 118 feet East of said Northeast corner as measured at right angles from the Westerly line thereof, thence South parallel with said Westerly line thereof and its extension Southerly toa point 24 feet South from the North line of Block 3, Iverson's 3rd Addition, thence East parallel with the North line thereof to the Southerly extension of the East line of Tract B of Registered Land Survey No. 930, thence North to the point of beginning, excepting existing roads and easements, Hennepin County, Minnesota. WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested amended conditional use permit at 6244 Cedar Avenue at its February 26, 2007 meeting; and WHEREAS, this requested amended conditional use permit at 6244 Cedar Avenue meets the requirements necessary for amending a conditional use permit as specified in Richfield's Zoning Code, Section 546.05; and WHEREAS, this requested amended conditional use permit at 6244 Cedar Avenue meets the requirements necessary for issuing a conditional use permit for CWTS tower and related features as specified in Richfield's Zoning Code, Section 526.27, Subd.29; and WHEREAS, the City has fully considered the request for approval of the amendment to the conditional use permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. An amended conditional use permit is issued to allow the co-location of antenna facilities on the existing monopole and the installation of related ground-based equipment, as described in City Council Letter No. 77, on the Subject Property legally described above. 2. This amended conditional use permit at 6244 Cedar Avenue is subject to the following conditions in addition to those specified in Section 526.27, Subd. 29 of the City's Zoning Ordinance: . That the recipient of this conditional use permit record this Resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and the City's Zoning Ordinance Section 546.05, Subd. 7. 3. The amended conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the City's Zoning Ordinance, Section 546.05, Subd. 9. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of March,2007. NJiJ; (it!fi- Debbie Goettel, ayor ATTEST: @UAJJI.LJL D\t -Mk ) Deborah Guiher, Deputy City Clerk