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10-10451rRESOLUTION NO. 10451 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 120-FOOT TELECOMMUNICATION TOWER AT 6700 PORTLAND AVENUE (RICHFIELD MUNICIPAL CENTER) WHEREAS, an application has been filed with the City of Richfield which requests a conditional use permit to allow the construction of a 120-foot telecommunication tower at property commonly known as 6700 Portland Avenue (Richfield Municipal Center), property legally described as: Lot 1, Block 1, Richfield City Hall, Hennepin County, Minnesota WHEREAS, the Planning Commission of the City of Richfield recommended approval of this requested conditional use permit at 6700 Portland Avenue at its November 22, 2010 meeting; and WHEREAS, this requested conditional use permit at 6700 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 6700 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 with the exception of legally nonconforming items that are allowed to continue through replacement and improvement; 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 120-foot telecommunication tower, as described in City Council Letter No. ~~, on the Subject Property legally described above. 2. This amended conditional use permit at 6700 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 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 City of Richfield, Minnesota this 14th day of December 2010. ~ ~, , ; , -~ } ,; r e~ ie oette , ~ ayor ATTEST: ancy i ity er