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STAFF REPORT 5 To: Mayor and Council City Manager From; Kim Moore -Sykes, Assistant City Manager Date: July 28, 2009 Subject: Conditional Use Permit for T -Mobile, 2601 Kenzie Terrace (§90.06) Requested Action: Public Hearing on Conditional Use Permit Application — T -Mobile Date Application Deceived: May 18, 2009 Property Address: 2601 Kenzie Terrace, Kenzington Condominiums Zoning District: PUD 60 -Day Expires: July 16, 2009 Waiver Letter Required: X Yes; Sent: May 26, 2009 No Future Action: Council Action: July 28, 2009 Council Meeting. Background: Jed Kruchten, T -Mobile, contacted Staff about the process for obtaining a Conditional Use Permit (CUP) to allow for the placement of cell phone antennas on the roof of the Kenzington of St. Anthony, a condominium planned unit development (PUD) at 2601 Kenzie Terrace. Mr. Kruchten reported to Staff that he had met with the Board regarding a telecommunication antenna proposal and the Board ultimately voted to allow the installation of the antenna and related equipment. After receiving approval from the Kenzington Board, Mr. Kruchten met with Staff to further discuss the CUP process. Staff advised Mr. Kruchten of the timeline for the approval process and encouraged him to schedule a concept review of the project. A concept review was held for T -Mobile at the April 21, 2009 Planning Commission meeting. The T -Mobile application was submitted to City and received by Staff on May 18, 2009, with a public hearing scheduled for June 16, 2009. Staff received information from T -Mobile that due to a backup in their workload, T- Mobile wanted to reschedule the public hearing for their application for July 21, 2009. The 60 - Day Rule expired on July 17, 2009 and a letter was sent to Mr. Kruchten on May 26, 2009, advising him that the City would require an extension to the 60 -Day Rule in order to provide a review of the CUP application at a public hearing on July 21, 2009 with the Planning Commission and with City Council action on the Planning Commission recommendation at the July 28, 2009 City Council meeting. Application Review: The applicant has followed the procedure in applying for Conditional Use Permit (CUP) as outlined in Section 152.243 Conditional Use Permits. The applicant responded to the following criterion as part of their application process. These responses were provided to the Planning Commission for the public hearing in a letter from Mr. Kruchten. Criteria #1 The use is one of the Conditional Uses specifically listed for the district in which the property is located and is not in conflict with the Comprehensive Plan. 07212009 CUP T -Mobile 2601 Kesizie Public Hearing.doc