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RZ13-03 --1 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: RZ13-3 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR A DAY CARE AT 8353 EXCELSIOR BLVD WHEREAS, an application for Conditional Use Permit CUP13-1 has been made by United Child Care Center; WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit was made by United Child Care Center on April 1, 2013. 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on April 30, 2013: all persons present were given an opportunity to be heard. 3. That the written comments and analysis of City staff were considered. � 4. Legal description of the parcel is as follows: All That part of Lot 77, Auditor's Subdivision No. 239, Hennepin County, Described as follows: commencing at a point in the center line of Excelsior Boulevard 30.01 feet west measured along the center line from the point of intersection of said centerline with the east line of Lot 77 extended; thence south along a line parallel with and distant 30 feet west of the east line of said Lot 77 a distance of 127 feet thence west along a line parallel with the south line of said Lot 77 a distance of 100 feet to the point of beginning of the tract to the described; thence north along a line parallel with the east line of said Lot 77 to the north line of said Lot 77; thence westerly along the north line of Lot 77 to the northwest corner thereof; thence south along the west line of said Lot to a point 80 feet north of the southwest corner of said lot; thence east parallel with the south line of said Lot 133 feet; thence east parallel with said west line of said lot to the intersection with a line drawn from the actual point of beginning parallel with the south of said Lot; Thence east in a straight line to the actual point of beginning except road NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP13-1 is hereby recommended for approval based on the following Findings of Fact: �--. 1. That the proposed day care meets the requirements for a conditional use permit. � BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP13-1 is hereby recommended for approval subject to the following conditions: 1. That the applicant is granted a state license. 2. That the site is reconfigured to a one-way as diagramed in the SRF traftic study. 3. That a solid six-foot fence is constructed on the east side of the site on the south and east sides. 4. That the hours of the day care will be no more than 6 a.m. to 9 p.m. Monday through Friday and 6 a.m. to 6 p.m. Saturday and Sunday. 5. That there will be no parking from the day care use on the residentially zoned R- 1-C district abutting the day care site. 6. That the applicant shall not be allowed to provide day care service for mare than 55 children on site at any given time. Adopted this 30th day of April 2013. � ATT ST: ! � A r� Kuznia, Chair �