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2006-066CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 06-66 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN AMENDMENT OF A CONDITIONAL USE PERMIT FOR AN AUTO SALES LOT AT 499 MAINSTREET. WHEREAS, an application for Conditional Use Permit CUP06-4 has been made by The Walser Automotive Group; WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit was made by The Walser Automotive Group; 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 26, 2006: 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: Lots 9, 10, 11, 14, and 1S, Block S, Parkridge Addition Hennepin County, Minnesota" Certificate of Title No. 666587 Lot 12 and 13, Block S, "Parkridge Hennepin County, Minnesota" Subject to restrictions which runs for a period of 30 Years from February 6, 1971 as shown in Deed Doc. No. 992577, (as to the east half of lot 12 and 13) Certificate of Title No. 7S32S9. The south 433 feet of the west 233 feet of that part of the Northeast Quarter of the Southeast Quarter of Section 24, Township 117 north, Range 22 west of the fifth principal Meridian lying north of the centerline of Excelsior Avenue, Hennepin County, Minnesota. Abstract Property. Lot 1, Block 1 Luther Walser Hopkins Addition Hennepin County Minnesota and Lot 9 Except that part thereof lying west of a line drawn Parallel to and distant 33 feet east at right angles from said west line of said Lot 9, Auditor's Subdivision number 242, Hennepin County, Minnesota and, That part of Lot 10, Auditor's Subdivision number 242, Hennepin County, Minnesota lying west of a line extending across said Lot from north to south and drawn parallel with and 34 feet distant east from the west line of said lot, except that part of said Lots 9 and 10 which lies southerly of a line 122 feet south of, measured at right angles to and parallel with the north line of the two above described parcels of land, according to the plat thereof on file or of Record in the office of the Registrar of Deeds in and for said County. NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP06-4 is hereby approved based on the following Findings of Fact: 1. That the proposed auto sales use meets the requirements for a conditional use permit. BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP06-4 is hereby approved based on the following conditions: 1. That the applicable conditions of the 1985 conditional use permit apply. 2. That the site plan is approved. 3. That there is an eight-foot fence that abuts the Luther site on the east side. 4. That there is a six-foot wood stained fence on the north side of 499 Mainstreet that is stepped up to eight feet at the rear property line of 101 Fifth Avenue North and that Walser will work with the property owners to determine the type of fence. 5. That Walser will work with the City to determine if planting vegetation on the north side of the fence along First Street is possible. Adopted this 3rd day of October 2006. TTEST: erry rmaier, City Clerk Eu e J. axwell, Mayor