2004-041
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 04-41
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE
PERMIT TO CONSTRUCT AN AUTO SALES FACILITY AT 250 FIFTH STREET SOUTH
WHEREAS, an application for Comprehensive Plan Amendment ZN04-8 has been made
by The Luther Company Limited Partnership and Hopkins Real Estate, LLC;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a Comprehensive Plan amendment was made by The Luther
Company Limited Partnership and Hopkins Real Estate, LLC, on April 23, 2004;
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 May 25,
2004: 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:
Lot 5 and that part of Lot 4, Auditor's Subdivision Number 195, Hennepin
County, Minnesota and that part of the southwest quarter of the southeast
quarter of Section 24, Township 117, Range 22 and that part of the
northwest quarter of the northeast quarter of Section 25, Township 117,
Range 22, all described as beginning at the northwest comer of said Lot 4;
thence south to the southwest comer of said Lot 4; thence east along the
south line of said Lot 4 to the southeasterly line thereof; thence
northeasterly along the southeasterly line of said Lot 4 to its intersection
with a line drawn parallel to and 33 feet west from the east line of said
southwest quarter of the southeast quarter; thence north along said parallel
line to the most northerly comer of said Lot 5; thence southwesterly to the
point of beginning except that part of said Lot 4 lying southwesterly of a
line and its southeasterly extension drawn from a point in the
northwesterly line of said lot distant 990.02 feet northeasterly of the
northwest comer of said Lot to appoint in the southeasterly line of said Lot
a distance of 1360.84 feet, northeasterly of the most southerly comer of
Block 38, West Minneapolis.
Those parts of Lot 4, Auditor's Subdivision Number 195, Hennepin
County, Minnesota, the right-of-way of the Minneapolis Lyndale and
Minnetonka Railway, and 5th Avenue as shown on the plat of West
Minneapolis, which lie west of the east line of the southwest quarter of the
southeast quarter of Section 24 Township 117 Range 22, east of a line
parallel with and distant 33 feet west of said east line, and between the
southeasterly line of said Lot 4 and the northeasterly extension of the
northwesterly line of Lot 5, said Auditor's Subdivision.
Outlot A, Cornerstone, according to the recorded plat thereof, Hennepin
County, Minnesota.
NOW, THEREFORE, BE IT RESOLVED that the application for CUP04-4 is hereby approved
based on the following Findings of Fact:
1. That the development meets the requirements for a conditional use permit.
BE IT FURTHER RESOLVED that application for CUP04-4 is hereby approved based on the
following conditions:
I. That the amendment to the Comprehensive Plan is approved.
2. That the Metropolitan Council approves the Comprehensive Plan amendment.
3. That the site is rezoned with an overlay zoning ofPUD.
4. That the PUD/CUP agreement is approved and executed.
5. That the Watershed District approves the proposed development.
6. That the Public Works Department approves the final plans.
Adopted this 1st day of June, 2004.
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