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STATE OF MINNESOTA <br /> COUNTY OF RAMSEY <br /> CITY OF ARDEN HILLS <br /> CONDITIONAL USE PERMIT AMENDMENT <br /> CASE NO. 09-009 <br /> 1.0 Recitals. <br /> A. Bethel University, a non-profit institution of higher education ("Permittee"), <br /> located on the following real property in the City of Arden Hills, Ramsey <br /> County, Minnesota ("Arden Hills"): <br /> Those parts of Section 21,22,27, and 28, Township <br /> 30, Range 23, lying Westerly and Southerly of the <br /> westerly and southerly right-of-way lines of State <br /> Trunk Highway No. 51 and Interstate Highway 694 <br /> lying northerly of the northerly right-of-way line of the <br /> Canadian Pacific Railroad Company and lying <br /> northerly and easterly of the northerly and easterly <br /> right-of-way lines of State Trunk Highway No. 10, <br /> except the South '/4 of the Southeast ' of the <br /> Southeast '/4 of the Section 21, Township 30, Range <br /> 23, lying east of the easterly line of Highway No. 10, <br /> according to the U.S. Government Survey thereof <br /> (herein the "Subject Property") <br /> B. On the 15th day of May, 2009, Buell Consulting, an agent for New Cingular <br /> Wireless PCS, LLC ("Applicant"), a Delaware limited liability company, and <br /> by AT&T Mobility Corporation, its Manager, submitted a completed <br /> application on behalf of the Permittee requesting that its existing <br /> conditional use permit be amended to allow the installation of a 75 foot <br /> wireless communications tower and related cellular antennas and <br /> accessory building to house the ground equipment in strict conformance <br /> with plans and specifications in the attached Exhibit A. <br /> C. At a public hearing on the 3rd day of June, 2009, the Arden Hills Planning <br /> Commission reviewed the application, the report and recommendations of <br /> the Arden Hills City Planner, the comments made at the public hearing, <br /> and recommended approval of the conditional use permit amendment (the <br /> "CUP Amendment") subject to certain conditions. <br /> 2.0 Approval of CUP Amendment. On the 13th day of July, 2009, the Arden Hills City <br /> Council considered the recommendations of the Arden Hills City Planner, the <br /> recommendations of the Planning Commission, the effects of the proposed CUP <br /> Amendment on the health, safety, convenience and general welfare of the <br />