08-13 Resolution No. 11645
RESOLUTION NO. 11645
RESOLUTION APPROVING
A CONDITIONAL USE PERMIT
TO ALLOW A SMALL WIRELESS FACILITY
IN THE RIGHT-OF-WAY ADJACENT TO
7400 NICOLLET AVENUE
WHEREAS
, an application has been filed with the City of Richfield which requests a
conditional use permit for a small wireless facility to be co-located on a city-owned light
pole in the right-of-way on land generally located at 7400 Nicollet Avenue, legally
described as:
That part of Nicollet Avenue South adjacent to Lot 1, Block 1, “Nicollet View Gardens”
WHEREAS
, the Planning Commission of the City of Richfield held a public hearing
for the requested conditional use permit at its July 22, 2019 meeting; and
WHEREAS
, the Planning Commission recommended approval of the conditional
use permit for a small wireless facility; and
WHEREAS
, notice of the public hearing was published in the Sun Current on July
11, 2019 and mailed to properties within 350 feet of the subject property on July 9, 2019;
and;
WHEREAS,
the requested conditional use permit meets the requirements
necessary for issuing a conditional use permit as specified in Richfield’s Zoning Code,
Subsection 547.09; and
NOW, THEREFORE, BE IT RESOLVED
, by the City Council of the City of
Richfield, Minnesota, as follows:
WHEREAS
1. The City Council adopts as its Findings of Fact the clauses set forth
above.
2. A conditional use permit is issued to allow a small wireless facility on the Subject
Property legally described above.
3. This conditional use permit is subject to the following conditions in addition to those
specified in Section 547.09 of the City’s Zoning Ordinance:
a) The recipient of this approval shall record this Resolution with the County,
pursuant to Minnesota Statutes Section 462.36, Subd. 1 and the City’s Zoning
Ordinance Section 547.11, Subd. 7; and
b) The applicant is responsible for obtaining all required permits, compliance with
all requirements detailed in the City’s Administrative Review Committee Report
dated July 2, 2019, and compliance with all other City and State regulations.
c) Approval does not constitute approval of the Small Cell Pole Attachment permit
required by the Public Works Department or the Electrical Permit required by the
Inspections Department.
d) Separate approval of an antenna permit is not required.
Resolution No. 11645
4. The conditional use permit shall expire one year after issuance unless 1) the use for
which the permit was granted has commenced; or 2) Building permits have been
issued and substantial work performed; or 3) Upon written request of the applicant,
the Council extends the expiration date for an additional period not to exceed one
year. Expiration is governed by the City Zoning Ordinance, Section 547.09,
Subdivision 9.
5. This 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. 10.
Adopted by the City Council of the City of Richfield, Minnesota this 13th day of
August 2019.
Maria Regan Gonzalez-,Mayor
ATTEST:
Kari ' nning,i eputy City Clerk
Resolution No. 11645