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19-025i ' •i i i Lei 0 L91 Wel IN -A C�1�171�Til���i7s77� 7����iT117����~7_ r, `� �1�ii�It�iP►lZi = WHEREAS, Tower Engineering Professionals, on behalf of Dish Wireless, has applied to add three telecommunication antennas and eight radio receiving units (RRUs) in a triangular array and related ground equipment, on the property legally described as: Lot 27, Auditor's Subdivision No. One Hundred Thirty -three (133), Hennepin County, Minnesota, described as beginning at the southeast corner of Block 1, Senn Addition; thence along the easterly extension of the southerly line of said Block 1 a distance of 85 feet; thence northerly parallel with the east line of said Block 1 to the northerly line of said Lot 27; thence westerly along said northerly line to the east line of said Block 1; thence southerly along said east line to the point of beginning. Subject to a lease agreement dated January 15, 1982 and filed for record December 21, 1982 as County Recorder Document No 4760996 in favor of Chicago Title Insurance Company, amended by lease amendment dated January 15, 1982 and filed for record November 8, 1983 as County Recorder Document No. 4843529; with assignment and assumption of the vendee's interest in said lease in favor of Minneapolis SMSA Limited Partnership, a Delaware Limited Partnership, dated September 28, 1984 and filed for record April 16, 1985 as County Recorder Document No. 4985882; and WHEREAS, the applicant proposes to collocate their equipment on and near the existing monopole tower; and WHEREAS, after required notice a public hearing was held and the application reviewed by the Planning Commission at a regular meeting held on February 5, 2019, the minutes of the meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on February 25, 2019, at which time the Planning Director's memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the City Council from the Applicant, the public and City staff; and i' - • - - ; • 1 *- • • • • 1. The subject property is located in a C -1 General Commercial district, which allows antenna collocations subject to the approval of a conditional use permit. 2. The applicant's proposal is identified on plans and materials submitted to the City on December 5, 2018 and January 10 and 23, 2019. The Applicant's plans have satisfied the criteria of a conditional use permit to collocate antennas under the Shorewood City Code. 2. The Applicant's plans indicate the collocation would be compatible with the neighborhood and would not tend to depreciate the area. 3. The application would not overburden the city's service capacity and existing public services and streets. 4. Based upon the foregoing, the City Council hereby grants to the Applicant a conditional use permit to collocate additional antennas, radio receiving units and related equipment on the tower and on a new equipment platform within the existing fenced area as shown on the plans submitted December 5, 2018 and January 10 and 23, 2019, subject to the following: a. The applicant may not proceed with improvements prior to issuance of required permits. b. Prior to issuance of permits, the applicant shall revise the plans as follows, consistent with city code: i. Remove the fence slats from the plans. ii. Remove the steel canopy over the equipment cabinet from the plans. iii. Revise the scope of work to reflect the project. c. The applicant shall not install any of the antennas or related equipment on the tower during osprey nesting season or otherwise disturb the nest. d. The applicant shall provide 24 -hour emergency contact information and the information shall be kept current and updated as necessary. 5. The City Clerk is hereby authorized and directed to record a certified copy of this resolution with Hennepin County. this 25th day of -• 1 IN