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09-070CITY OF SHOEEWO D RESOLUTION NO. 09-070 WHEREAS, Clear Wireless LLC (Applicant) has an interest in the real property located at 24285 Smithtown road in the City of Shorewood, County of Hennepin, State of Minnesota (Subject Property), legally described on Exhibit A, attached; and WHEREAS, the Subject Property is occupied by a telecommunications monopole owned by Verizon Wireless; and WHEREAS, the Applicant proposes to add telecommunications antennas and ground equipment on the Subject Property as shown on Exhibits B -D, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied for a conditional use permit pursuant to Section 1201.02 Subd. 21 of the Shorewood City Code; and WHEREAS, Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 12 November 2009, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 17 November 2009, the minutes of which meeting are on file at City Hall; and WHEREAS, Applicant's request for a conditional use permit was considered by the City Council at their regular meeting on 23 November 2009, at which time the Planner's memorandum, and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT The Subject Property is located in a C -1, General Commercial zoning district. 2. The Subject property contains approximately .42 acres of land and is currently occupied by an auto sales lot and a telecommunications monopole and accessory structures. 3. The Applicant proposes to install three (3) dish -type antennas and three (3) panel antennas to the existing monopole structure and add telecommunications ground equipment at the base of the tower. 4. That the proposed ground equipment will be screened from view by the existing buildings on the Subject Property. S. That the proposed monopole and ground equipment comply with the setback requirements of the Shorewood Zoning Code. 6. That the proposed tower is separated from residential uses by 200 feet to the east and 300 feet to the south. 1. That based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit subject to the following: a. The communications antennas and ground equipment shall be constructed in accordance with the information provided to the Planning Commission and in accordance with the recommendations of the City Planner. b. The proposed antennas shall be painted the same color as the existing monopole. C. Future changes to the ground equipment or the design of the antenna equipment shall be subject to review and approval of the Shorewood City Council. d. The Applicant shall, prior to obtaining a building permit, provide evidence of its right to occupy the Subject Property and existing monopole. 2. That the City Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of December 2009. CHRISTINE LIZEE, MAYOR ATTEST CITY ADMINISTRATOR/CLERK -2- Exhibit A — Legal Description Exhibit B — Site Plan Exhibit D — Monopole Profile -3-