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2000-055 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 2000-55 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A WALGREENS WHEREAS, an application for Conditional Use Permit CUP00-3 has been made by SuperValu; WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use penrfit was made by Semper Development on June 23, 2000; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published notice, held a public hearing on the application and reviewed such application on July 25, 2000: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered; and 4. A legal description of the subject property is as follows: Tract A, B, D, F, and G, Register Land Survey No. 1053 Files of Registrar of Titles, County of Hermepin and Lot 2, Block l, Union Oil Second Addition, Files of Registrar of Titles, County of He~mepin, Minnesota and that part of vacated Robinwood Lane as platted in ROBINWOOD 5TM ADDITION described as follows: commencing at the southeast comer of Outlot No. 1, said ROBINWOOD 5TM ADDITION; thence on an assumed bearing of North 01 degrees 42 minutes 41 seconds East along the easterly line of said Outlot No. 1 a distance of 337.22 feet to the point of beginning of the land to be described; thence continuing North 01 degrees 42 minutes 41 seconds East a distance of 42.01 feet; thence North 44 degrees 04 minutes 19 seconds West a distance of 13.95 feet; thence North 89 degrees 51 minutes 19 seconds West a distance of 102.21 feet; thence North 89 degrees 49 minutes 10 seconds West a distance of 18.52 feet to the northerly line of Outlot No. 1; thence southeasterly along the northerly line of Outlot No. 1 18.70 feet along a non-tangential curve concave to the northeast having a radius of 74.47 feet a central angle of 14 degrees 23 minutes 07 seconds and a chord which bears South 82 degrees 39 minutes 46 seconds East; thence South 89 degrees 51 minutes 19 seconds East along the northerly line of said Outlot No. 1 and tangent to last described curve a distance of 62.16 feet; thence southeasterly along the northerly and easterly line of Outlot No. 1 77.77 feet along a tangential curve concave to the southwest having a radius of 48.66 feet a central angle of 91 degrees 34 minutes 00 seconds to the point of beginning. NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Penuit CUP00-3 is hereby approved based on the following Findings of Fact: 1. That the proposed use meets the requirements for a conditional use permit. BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP00-3 is hereby approved subject to the following conditions: 1. That the preliminary plat is approved. 2. That the conditional use permit is approved and the applicant satisfies all conditions and requirements for such conditional use permit for the improvements to the Hopkins House. 3. Applicant obtains the proposed irregular lot variance and satisfies all conditions and requirements for such variance 4. That the Applicant satisfies all conditions and requirements for the preliminary plat and obtains final plat of the subject property. 5. That the applicant and the City execute a conditional use permit agreement that requires the following to be satisfied by the developer: a) Submittal of a storm water management plan and approval of the plan by staff. b) That the final grading and utility plan is submitted and approved by staff showing the erosion control measures, information detailing the storm structures, public utilities, and proposed hookups. c) That a final landscape plan is submitted and approved by staff showing additional landscaping where the North Service Road currently exists. d) A watershed district permit is obtained. e) Site plan shall be revised to address recommendations A, B, and C in figure 4 and the right turn lane on 5th Street as detailed in Figure 6 of the Benshoof traffic study dated July 18, 2000. f) That the applicant meets all the requirements of the subdivision ordinance. g). Payment of park dedication fees, as required by ordinance. h) Granting of any easement not dedicated on the plat. i) All road and utility construction to be completed per City standards. Developer to provide complete construction plans per City standards to be approved by staff. j) Letter of Credit or other financial guarantees for completion of road, utilities and grading. k) Assessment for any public work. 1) That the conditional use permit agreement shall be recorded as an encumbrance against all land included in the plat at the time of filing of the plat, and shall be executed or consented to by all owners and lienholders. m) Applicant provide proof of cross easements for parking. Adopted this 2nd day of August 2000. ~~,/~~~~.,, Eugene J."'Maxwell, Mayor AT--T'TEST: ~,,'~) , T~rryu,oe-cuaier, Gty ~r