CC RES 09-064 RESOLUTION TO APPROVE THE REQUEST FOR CONDITIONAL USE PERMIT (CUP) FOR WIRELESS TELECOMMUNICATIONS ANTENNAAS AS DEPICTED IN THE DIAGRAM AND FACILITIES (WTF) AT 2601 KENZIE TERRACE

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• CITY OF ST. ANTHONY VILLAGE RESOLUTION 09-064 RESOLUTION TO APPROVE THE REQUEST FOR CONDITIONAL USE PERMIT (CUP) FOR WIRELESS TELECOMMUNICATIONS ANTENNAS AS DEPICTED IN THE DIAGRAM AND FACILITIES (WTF) AT 2601 KENZIE TERRACE. WHEREAS, Representatives from T-Mobile submitted an application for a Conditional Use Permit under City Code§90.05; and WHEREAS, the City of St. Anthony Planning Commission held a Concept Review on April 21, 2009 to review T-Mobile's CUP request to install WTF and related equipment on the roof of the Kenzington Condominiums at 2601 Kenzie Terrace;and WHEREAS, a 60 Day Extension Notice advising of the need to waive the 60 Day Rule and extend the timeline by an additional 60 days was sent on May 26, 2009 to Mr. Joey Gay and to Mr.Jed Kruchten,both T-Mobile agents;and WHEREAS, a public hearing was rescheduled and the Planning Commission conducted a public hearing on July 21, 2009 on the proposed CUP;and • WHEREAS, all required public notices regarding the public hearing were posted and sent as required by State Statute; and WHEREAS, the Planning Commission has recommended approval of the proposed CUP to the City Council based upon testimony presented by the applicant, the affirmative vote of the majority of the condominium association in favor of installing the cell phone antennas;and no comments in opposition to the proposed conditional use permit for the cell phone antennas at the conclusion of the public hearing;and WHEREAS, the Planning Commission has recommended approval based on additional written and verbal testimony from the applicant and other interested persons; and WHEREAS, upon consideration of the application and supporting materials,Staff's report, and all other information constituting the record of this application, the City Council upon further deliberation,voted to approve the requested Conditional Use Permit and directed the preparation of the Findings of Fact and this resolution as a contemporaneous record of the Council's decision; and THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony does hereby adopt the following Findings of Fact related to the requested CUP: •