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33 CITY OF ST. ANTHONY VILLAGE RESOLUTION 10-019 RESOLUTION TO APPROVE THE REQUEST FOR CONDITIONAL USE PERMIT (CUP) TO CLEARWIRE COMMUNICATIONS, LLC FOR THE INSTALLATION OF HIGH-SPEED WIRELESS INTERNET ANTENNA AND FACILITIES AT 4001 STINSON BOULEVARD. WHEREAS, Representatives from Buell Consulting, Inc., submitted an application for a Conditional Use Permit (CUP) under City Code §90.05; and WHEREAS, the City of St. Anthony Planning Commission held a Concept Review on December 15, 2009 to review Clearwire Communications CUP request to install WTF and related equipment on the roof of the Silver Lake Plaza at 4001 Stinson Boulevard, and WHEREAS, a public hearing was scheduled and the Planning Commission conducted a public hearing on January 19, 2010 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 letter received from the property owner of 4001 Stinson Boulevard, and no comments in opposition to the proposed CUP for the high-speed wireless Internet antennas at the conclusion of the public hearing were given; 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 for 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: Findings: 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.