RZ95-01 .--,
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: RZ95-1
RESOLUTION MAKING FINDINGS OF FACT AND RECONIlV�NDING FOR
APPROVAL AN APPLICATION FOR A CONDITIONAL USE PERMIT
TO CONSTRUCT A WENDY'S AND TIM HORTON'S RESTAURANT
WHEREAS, an application for a conditional use permit CUP94-8 made by Wendy's to construct a
restaurant on the southeast corner of County Road 3 and l lth Avenue is recommended for approval.
WHEREAS, the procedural history of the application is as follows:
1. That an application for a conditional use permit CUP94-8 was filed with the City of
Hopkins on November 30, 1994
2. That the Hopkins Planning Commission, pursuant to published and mailed notices, held a
—� public hearing on the application and reviewed such application on December 27, 1994
and January 31, 1995, all persons present at the hearing were given an opportunity to be
heard.
3. That the written comments and analysis of the City staff and the Planning Commission
were considered.
4. A legal description of the subject property is as follows:
The West 505.00 feet of that part of Lot 1, Auditor's Subdivision Number One Hundred
Ninety Five (195), Hennepin County, Minnesota, lying East of the East line of llth
Avenue South; EXCEPT, That part of Lot 1, Auditor's Subdivision Number One Hundred
Ninety Five (195), Hennepin County, Minnesota, lying East of a line drawn parallel to and
distant 409.00 feet Easterly from the East line of Eleventh Avenue South, as said Eleventh
Avenue South was there reestablished (46 feet in width) by deed dated August 20, 1993,
recorded in the office of the Register of Deeds, Hennepin County, Minnesota, on
December 31, 1930, as Document No. 1626685 in Book 1236 of Deeds, Page 416.
Also EXCEPT, lying Westerly of a line described as follows: Commencing at the
Northwest corner of Northeast Quarter of the Northwest Quarter of Section 25,
Township 117, Range 22; thence run Northwesterly at an angle of 90 degrees, 18 minutes
22 seconds with the North line of said Section for a distance of 49.00 feet; thence deflect
� 90 degrees 00 minutes 00 seconds right for a distance of 668.08 feet; thence deflect right
at an angle of 90 degrees 26 minutes 06 seconds a distance of 239.00 feet along a line
Page 2
hereafter referred to as Line "A"; thence defect left at an angle of 90 degrees 00 minutes
00 seconds for a distance of 45.00 feet to a point hereinafter referred to as Point A;
thence deflect to the right 92 degrees 51 minutes 45 seconds to the South line of the
above described tract, being the actual point of beginning of the line to be described;
thence run Northerly to said Point A; thence continuing Northerly, parallel with said Line
A for a distance of 109.02 feet; thence deflect right along a tangential curve having a
radius of 90.00 feet (delta angle 90 degrees 26 minutes 06 seconds) and there terminating.
NOW THEREFORE, BE IT RESOLVED that the application for conditional use permit
CUP94-8 is hereby recommended for approval based on the following Findings of Fact:
1. That a fast food restaurant is permitted in the B-3 zoning district with a conditional
use permit
2. That the applicant meets the requirements for a conditional use permit for a fast
foot restaurant.
BE IT FURTHER RESOLVED, that application for CUP94-8 is hereby recommended for
approval based on the following conditions:
1. That the exterior of the trash enclosure is brick.
^ 2. That the site has monument sign as detailed in the site plans.
3. That the entire site is irrigated.
4. That the Watershed District approves the applicants proposal.
5. That the subject property is platted.
6. That the development is constructed as per the plans submitted.
7. That the Fire Marshal finds the hydrant locations acceptable.
8. That the drive apron is 8" in depth.
9. That the applicant construct a traffic barrier on the west of the pond that is acceptable to
staff.
10. That the pond outlet has a skimming device.
11. That the discharge point is set so that each pipe draining to the pond is near the elevation
of the bottom of the pond. The discharge end of the pipe in the northwest corner of the
site must be lowered to about elevation 910 feet MSL.
12 That there is erosion protection at the discharge of storm sewer pipes that drain into the
pond.
Adopted this 31 st day of January, 1995.
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^ Dan Jo}�son, ai person
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