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RZ98-21 —. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: RZ98-21 RESOLUTION MAKING FINDINGS OF FACT AND RECOMl��NDiNG APPROVAL OF AN AMENDMENT TO CONDITIONAL USE PERMIT 98-5 WF�REAS, an application for Conditional Use Permit CUP98-5 has been made by SuperValu; WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit was made by SuperValu on August 31, 1998; 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 September 29, 1998: 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: Block 25 to 29 inclusive and Blocks 43 and 47 inclusive including adjacent vacated street and alley except roads and State Highway 169, West Minneapolis. That part of NE 1/4 of NE 1/4 lying south of west Minneapolis and west of State Highway 169 except street. NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP98-9, amending Conditional Use Permit 98-5 is hereby recommended for approval based on the following Findings of Fact: 1. That the proposed building meets the requirements for a conditional use permit. 2. That the proposed use is permitted in the I-1 zoning district. BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP98-9 is hereby recommended for approval based on the following conditions: 1. That Nine Mile Creek Watershed District approves the grading plan. 2. That RCM approves the grading and drainage plan. 3. That a lighting plan be submitted and approved by City staff for the east side of the building. 4. That the subject property be platted. � 5. That the Public Works department approves the final grading and drainage plan. 6. That the design of Fifth Street/Second Avenue intersection be constructed as per the Benshoof inemo. �� 7. That the design of the Third Street/Fifth Avenue intersection be constructed as per the Benshoof inemo. 8. That SuperValu provide the City with an access and right-of-entry agreement for purposes of maintenance for the water quality ponds. Adopted this 29th day of September, 1998. ; `':'1� ���Z2 Dorothy� oen, Vice chair �� i�1