07-14 Resolution No. 11745
RESOLUTION NO. 11745
RESOLUTION APPROVING
A CONDITIONAL USE PERMIT
TO ALLOW A SMALL WIRELESS FACILITY
IN THE RIGHT-OF-WAYADJACENT TO
7108LYNDALEAVENUE SOUTH
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-wayon land generally located at 7108Lyndale AvenueSouth, legally
described as:
That part of LyndaleAvenue South adjacent to Lot 3 and the North ½of Lot 4,
Block 2, “Woodlake Shores”, Hennepin County, Minnesota
WHEREAS, the Planning Commission of the City of Richfield held a public hearing
for the requested conditional use permit at its June 22, 2020 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 and
mailed to properties within 350 feet of the subject property on June 11, 2020; 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:
1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth
above.
2. A conditional use permit is issued to allow a small wireless facility on right-of-way
adjacent to 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, and for
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.
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,
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Resolution No. 11745
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 Cityof Richfield, Minnesota this 14th day of July,
2020.
_______________________
Maria Regan Gonzalez, Mayor
ATTEST:
___________________________
Elizabeth VanHoose, City Clerk
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Resolution No. 11745