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RZ04-15 CITY OF HOPKINS � Hennepin County, Minnesota RESOLUTION NO: RZ04-15 RESOLUTION MAKING F1NDINGS OF FACT AND RECOMMENDING APPROVAL OF AN ORDINANCE PLACING A PUD OVERLAY ZONING AT 250 FIFTH STREET SOUTH WHEREAS, an application for Zoning Amendment ZN04-7 has been made by The Luther Company Limited Partnership and Hopkins Real Estate, LLC; WHEREAS, the procedural history of the application is as follows: 1. That an application for zoning amendment was made by The Luther Company Limited Partnership and Hopkins Real Estate, LLC, on April 23, 2004; 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on May 25, 2004: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered. � NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN04-7 is he►-eby recommended for approval based on the following Findings of Fact: 1. That the overlay rezoning is necessary to develop the property to an auto sales lot. BE IT FURTHER RESOLVED that application for Zoning Amendment ZN04-7 is hereby recommended for approval based on the following conditions: 1. That the Comprehensive Plan text is amended to allow auto sales on this site. 2. That the Conditional Use Permit is granted for the construction of the proposed development. 3. That the PUD/CUP agreement is executed. 4. That the PUD overlay zoning for the Mainstreet sites is approved. Adopted this 25th day of May 2004. Mary Hatche , air ��