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<br />RESOLUTION #01- b05S <br /> <br />r- 01474 <br /> <br />A RESOLUTION GRANTING THE APPLICATION FOR A CONDITIONAL USE OF A <br />PART OF THE WEST HALF (W1I2) OF THE SOUTHWEST QUARTER (SW1I4) OF <br />SECTION TWENTY-NINE (29), TOWNSHIP TEN (10) NORTH, RANGE NINE (9) WEST <br />OF THE 6th P.M., HALL COUNTY, NEBRASKA. <br /> <br />WHEREAS, Illinois PCS Wireless, Inc., also known as iPCS, Inc., hereinafter referred to as <br />"applicant," has made its application for a conditional use permit to use a part of the West Half <br />(Wl/2) of the Southwest Quarter (SWl/4) of Section Twenty-Nine (29), Township Ten (10) North, <br />Range Nine (9) West Of The 6th P.M., Hall County, Nebraska and has entered into a memorandum <br />of lease with Robert Samuelson and Marlene Samuelson, husband and wife, owners of the West <br />Half(Wl/2) of the Southwest Quarter (SWl/4) of Section Twenty-Nine (29), Township Ten (10) <br />North, Range Nine (9) West Of The 6th P.M., Hall County, Nebraska; and <br /> <br />WHEREAS, applicant has made its written application for a permit to use the property as set forth <br />in applicant's site plan for the erection and operation ofa telecommunications tower; and <br /> <br />WHEREAS, said property is located within the AG-l Agricultural Zoning District; and <br /> <br />WHEREAS, on June 26, 2001, 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 /> <br />WHEREAS, the Hall County Board of Supervisors is empowered pursuant to the Hall County <br />Zoning Resolution to grant an application for conditional use upon a determination that the <br />proposed use is consistent with the intent of the AG-l Agricultural Zoning District. <br /> <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-l Agricultural Zoning District and that the <br />application for conditional use is hereby granted subject to the following conditions, limitations, and <br />restriction: <br /> <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 /> <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 /> <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 <br />applicant shall be required, as a condition of this permit, to comply with all applicable state and <br />federal laws and regulations including, but not limited to, those pertaining to <br />