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34 <br />FINDINGS OF FACT <br />The Planning Commission recommends approval of the applicant's request for a <br />Conditional. Use Permit, based on the following Findings of Fact as determined <br />during the June 19, 2007 Public Hearing for a Conditional Use Permit as applied <br />for by T -Mobile by its subcontractor, Midwest Real Estate Services, Inc. for a <br />monopole cell phone antenna to be installed at 2900 Pentagon Drive and subject <br />to the conditions listed below: <br />Findings of Fact <br />1, City Code Chapter 16, under Section 1680.06 was amended to include <br />non -conformities that comply with certain standards to be considered <br />as permitted uses through the conditional use permitting process. <br />2. The general purpose of Section 1680, Chapter 16, is to regulate the <br />placement, construction, and modification of towers and wireless <br />telecommunications facility (WTF) in order protect the health, safety, <br />and welfare of the public, while at the same time encouraging the <br />development of the competitive wireless telecommunications <br />marketplace in the City. <br />3. The proposed site for the monopole antenna is located in the St. <br />Anthony Shopping Center, a Commercial Zoning District, in which the <br />installation of monopole antennas with a Conditional Use Permit <br />(CUP) are permitted as stipulated in the City Code (1680.04. Subd. 1). <br />4. The property has been considered a Commercial Zoning District since <br />before the Shopping Center was originally constructed in the 1960's <br />and officially so since the Zoning Code was codified in 1976. <br />5. While this Commercial Zoning District exists adjacent to an R-1 Single <br />Family Residential District, the site plan shows the monopole cell phone <br />antenna is approximately 294 feet from the closest residential structure at 27th <br />Avenue and Kenzie Terrace and at a height of 60 feet. Both the proposed <br />height and distance are within the tolerance of maximum of an antenna's <br />maximum height of 75 feet (1680.04, Subd. 8) and a minimal distance of 60 <br />feet allowed by the Zoning Code (1680.04, Subd. 7). <br />6. No objections to the proposed CUP were received prior to the meeting <br />from the neighboring businesses or the adjacent single family <br />residential zoning district, despite being notified in accordance with <br />the conditional use permitting process as described in Section 1665.04 <br />C:\Documents and Settings\barb.suciu\Local Settings\Temporary Internet Files\OLK24\T-Mobile <br />CUP Findings of Fact 06192007.doc <br />