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08-10191rRESOLUTION NO. 10191 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 75-FOOT TELECOMMUNICATION TOWER AND ANTENNA AT 6221 PORTLAND AVENUE (CITY WATER PLANT) WHEREAS, an application has been filed with the City of Richfield which requests a conditional use permit to allow a 75-foot telecommunication tower and antenna at property commonly known as 6221 Portland Avenue (Richfield Water Plant), a portion of the property legally described in Attachment A; and WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested conditional use permit of 6221 Portland Avenue at its November 24, 2008 meeting; and WHEREAS, this requested conditional use. permit at 6221 Portland Avenue meets the requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, Section 547.09; and WHEREAS, this requested conditional use permit at 6221 Portland Avenue meets the requirements necessary for issuing a conditional use permit for a telecommunication tower and related features as specified in Richfield's Zoning Code, Section 544.25; and WHEREAS, the City has fully considered the request for approval of the conditional use permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A conditional use permit is issued to allow a 75-foot telecommunication tower and antenna, as described in City Council Staff Report No. 293, on the Subject Property legally described above. 2. This conditional use permit at 6221 Portland Avenue is subject to the following condition in addition to those specified in Section 547.09 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 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 547.09, Subd. 9. Adopted by the City Council of the City of Richfield Minnesota this 9th day of December, 2008. Debbie Goettel, ayor ATTEST: .~ Nancy ibbs, ty Clerk ATTACHMENT A Land situated in the County of Hennepin and State of Minnesota, to wit: That part of the West'/2 of the Northwest quarter of Section 26, Township 28 North, Range 24 West, described as follows: Beginning at a point. indicated by a stone monument at the Northwest corner of Section 26, thence Easterly along the north boundary line of Section 26 a distance of 318.25 feet to judicial landmark, thence southerly a distance of 455.625 feet on a straight line which if produced would intersect a judicial landmark 657.625 feet south of the north boundary line of said section, measured along said produced line, and 953.97 feet west of a judicial landmark on the North and South center line of the NW quarter of Section 26; thence West parallel with the north boundary line of said Section 26 to the west boundary line of said section, thence north along the west boundary line of said section to the point of beginning, except that part thereof which lies Northwesterly of the following described line and the same extended: Beginning at the Northwest corner of Section 26, Township 28, Range 24; thence East along the North line of said Section 26 to the intersection with a line parallel with and 33.0 feet East of the west line of said Section 26; thence South along said parallel line a distance of 190.0 feet to the actual point of beginning of the line to be described; thence Northeasterly on a straight line to a point 441.0 feet East and 135.0 feet South of the Northwest corner of said Section 26 and there terminating. Subject to right of way for road along the westerly 33 feet of said tract.