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2003-063 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 03-63 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A WENDY'S RESTAURANT AT S02 BLAKE ROAD WHEREAS, an application for Conditional Use Permit CUP03-S has been made by Wendy's International; WHEREAS, the procedural history of the application is as follows: I. That an application for a conditional use permit was made by Wendy's International on June 27, 2003; 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 29, 2003: 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 B Registered Land Survey No. 1367, Hennepin County NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP03-S 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 CUP03-S is hereby approved subject to the following conditions: I. That the watershed district approves the proposed development 2. That the public works department approves the final drainage, utility and grading plans. 3. That the parking variance is granted. 4. A right-of-way 33 feet in width should be dedicated for public street purposes. S. That Hennepin County review the right-of-way needs Blake Road is a County Highway to determine if additional right-of-way is needed. 6. That the County approves the access to the site. 7. That the development is constructed as per the recommendations of the traffic and parking analysis. Adopted this 6th day of August 2003. axwell, Mayor