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