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2003-067 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 03-67 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT AN ADDITION TO THE EXISTING BUILDING AT 900 SECOND STREET N.E. WHEREAS, an application for Conditional Use Permit CUP03-2 has been made by EDCO; WHEREAS, the procedural history of the application is as follows: I. That an application for a conditional use permit was made by EDCO on April 23, 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 June 24, 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: That part of Tracts L and P, Registered Land Survey No. 561, Files of the Registrar of Titles in and for Hennepin County, Minnesota lying Southwesterly of the following described line: Beginning at a point on the Northwesterly line of said Tract P distant 66.79 feet Southwesterly along the Northeasterly line from the most Northerly corner of said Tract P; thence Southeasterly in a straight line to a point on the south line of said Tract L distant 770.15 feet east of the most westerly corner of said Tract; and that part of Lot 91, auditor's Subdivision No. 239, Hennepin County, Minnesota, west of a line drawn from a point on the north line of said Lot 91 distant 31.21 feet west along said north line from the most easterly comer of said Lot 91 to a point on the Southeasterly line of said Lot 91 distant 29.96 feet Southwesterly along said southeasterly line from the most easterly corner of said Lot 91. NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP03-2 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 CUP03-2 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. Side yard variance approved. 4. That there is a CUP agreement between the City and EDCO. 5. That the Excel power poles are moved. 6. That there is an agreernent for emergency access between the City and Hennepin County Regional Railroad Authority. 7. That there is an agreement for emergency access between the City and EDCO. 8. That there is an agreement between the City and EDCO for maintenance and construction of the emergency vehicle access drive. 9. That there is a temporary construction easement between EDCO and HCRRA to construct the building and improvements on the HCRRA property. 10. That EDCO and the County to agree on the design of improvements on the HCRRA property. 11. That EDCO agrees to pay all legal and consultant costs associated with any agreements or approvals. 12. That EDCO and HCRRA negotiate a fee for the use of the easement. 13. That all costs incurred by the City. in connection with acquiring the necessary easements from HCRRA will be reimbursed to the City by EDCO. 14. That the access to the fire lane is identified with signage and/or stripping in the west parking lot. Adopted this 19th day of August 2003. a / e J. ~xwell, Mayor