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Res 2008-85 Approving CUP @ 1196 Northland DriveCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 08 -85 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AT 1196 NORTHLAND DRIVE WHEREAS, Telecom Transport Management, Inc. on behalf of the City of Mendota Heights has applied for a Conditional Use Permit install and antenna at 1196 Northland Drive [Legal Attached] as proposed in Planning Case #08 -29; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on October 28, 2008; and WHEREAS, The Planning Commission voted to recommend that the Council approve the Conditional Use Permit as presented to the Planning Commission on the evening of October 28, 2008 and as shown in Planning Case #08 -29. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Conditional Use Permit at 1196 Northland Drive as proposed in Planning Case #08 -29 is hereby approved with the following conditions: 1. The lease agreement between the City and AT &T wireless services Minnesota to be amended by the City Attorney to accommodate this antenna 2. The rent for this antenna be set at $121.65 per month, and be adjusted annually according to the existing lease agreement. 3. The applicant must submit proof of any applicable federal or state licenses to the City prior to receiving a building permit. 4. All costs of an application, including, but not limited to, those incurred by city attorney shall be borne in full by the applicant. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: 1. The proposed use will not negatively affect the public health, safety, and general welfare of the community. 2. The proposed use is consistent with the comprehensive plan. Adopted by the City Council of the City of Mendota Heights This 0' day of November, 2008. ATTEST: By �t�, �- Kath en M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By John Huber, yo Address: 1196 Northland Drive Legal: PT OF SE 1/4 COM SW COR SE 1/4 OF SE 1/4 N 19D 45M W 700 FT E & PARR WITH S LINE 62 FT TO RR R/W SE ON R/W TO S LINE W 217.4 FT TO BEG LYING N'LY OF LINE BEG R/W BDRY COR B -10 R/W PLAT NO 19 -33 E'LY 570.23 FT TO COR B -11 THENCE CONT SAME BEAR 200 FT & THERE TERM EX PARC 27- 03400 - 012 -75