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11/10/2020
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11/10/2020
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BOARD OF COMMISSIONERS <br /> HALL COUNTY <br /> RESOLUTION#20- 0 ('5 <br /> A RESOLUTION GRANTING THE APPLICATION FOR A CONDITIONAL USE OF A <br /> PART OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHWEST QUARTER <br /> (SW1/4) OF SECTION SEVENTEEN (17), TOWNSHIP TEN (10) NORTH, RANGE TEN <br /> (10) WEST OF THE 6th P.M., HALL COUNTY, NEBRASKA. <br /> WHEREAS, UniSite, LLC ("American Tower"), hereinafter referred to as applicant, is the lessee <br /> Brad Lee Bockmann and Steven Dale Bockmann are the owners of a part of the Southwest Quarter <br /> (SW 1/4) of the Southwest Quarter (SW 1/4) of Section Seventeen (17), Township Ten (10) North, <br /> Range Ten (10) West of the 6th P.M., Hall County, Nebraska; and <br /> WHEREAS, applicant has made its written application for a permit to use the above-described <br /> property for the erection, operation, repair, and maintenance of a telecommunications tower; and <br /> WHEREAS, said property is located within the AG-1 Agricultural Zoning District; and <br /> WHEREAS, on April 25, 2000, the Hall County Board of Supervisors granted a conditional use <br /> permit for said purpose on said property in Resolution #00-0039; <br /> WHEREAS, on May 19, 2020, a public hearing was held upon said application by the Hall County <br /> Board of Supervisors following due and proper notice of the same to the public; and <br /> WHEREAS, the Hall County Board of Commissioners is empowered pursuant to the Hall <br /> County Zoning Resolution to grant an application for conditional use upon a determination <br /> that the proposed use is consistent with the intent of the AG-1 Agricultural Zoning District. <br /> NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the evidence presented and <br /> the factors to be considered pursuant to subsection d. of section 11 of the Zoning Resolution, the use <br /> of the aforesaid property for the erection, operation and maintenance of a telecommunications tower <br /> is found to be consistent with the intent of the AG-1 Agricultural Zoning District and that the <br /> application for conditional use is hereby granted subject to the following conditions, limitations, and <br /> restriction: <br /> 1. All waste, rubbish and debris, if any,must be completely cleared from the above described real <br /> estate as soon as practical and said real estate must, at all times, be kept in a clean and neat <br /> condition. <br /> 2. No uses under this resolution shall result in an unreasonable hazard or nuisance to the adjacent <br /> landowners or to the general public. <br /> 3. Nothing in this grant of conditional use shall be construed as a grant of right, authority or permit <br /> to allow any use of land, materials or methods which violate any state or federal law or rule or <br /> regulation of a federal, state or local agency other than as specifically set forth herein. The applicant <br /> shall be required, as a condition of this permit,to comply with all applicable state and federal laws <br />
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