09-10217rRESOLUTION NO. 10217
RESOLUTION APPROVING AN
AMENDED CONDITIONAL USE PERMIT
ALLOWING CONSTRUCTION OF AN ADDITIONAL
75-FOOT TELECOMMUNICATION TOWER
AT 6221 PORTLAND AVENUE (CITY WATER TREATMENT FACILITY)
WHEREAS, an application has been filed with the City of Richfield which requests
an amendment to a conditional use permit to allow the construction of a 75-foot
telecommunication tower at propert commonly known as 6221 Portland Avenue (Richfield
Water Treatment Facility), property legally described in Attachment A; and
WHEREAS, the Planning Commission of the City of Richfield recommended
approval of this requested amendment at 6221 Portland Avenue at its January 26, 2009
meeting; and
WHEREAS, this requested amendment 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 amendment 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
amendment;
NOW, THEREFORE, BE IT RESOLVEb, by the City Council of the City of
Richfield, Minnesota, as follows:
1. An amendment to a conditional use permit is issued to allow a 75-foot
telecommunication tower and related ground equipment, as described in City
Council Staff Report No. 32, on the Subject Property legally described above.
2. This amended 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 enters into a lease agreement with the .City of Richfield
for use of the- property prior to the issuance of any building permits. The
lease agreement shall include access procedures;
• That the location of the existing water line be field verified;
• That the recipient apply for building permits as required prior to any work
beginning; and
• 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 ity of Ric field, Minnesota this 10th day of
February, 2009: ~
e ie oette , ayor
ATTEST:
T eresa c yma, puty ityZ`Terk
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.