2006-064CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 06-64
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A CONDITIONAL USE
PERMIT TO ADD AN ADDITIONAL SALES LOT AREA TO THE EXISTING LOT AT 314
MAINSTREET.
WHEREAS, an application for Conditional Use Permit CUP06-3 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
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:
Tract 1:
That part of Lot 14, Auditor's Subdivision Number 242, Hennepin County,
Minnesota, lying North of a line parallel with and distant 145 feet Southerly from
the Southerly line of Excelsior Avenue.
Tract 2:
All of Lots 15 and 16 and that part of Lot 17, Auditor's Subdivision Number 242,
Hennepin County, Minnesota which lies West of a line drawn parallel with and
distance 30 feet West of the following described line:
Beginning at the East 1/4 corner of Section 24, Township 117, Range 22, thence
South along the East line of said Section a distance of 364.37 feet; thence deflect
right at an angle of 25 degrees 59 minutes 28 seconds for a distance of 462.86
feet; thence deflect right at an angle of 19 degrees 50 minutes 43 seconds for a
distance of 209.19 feet; thence deflect left at an angle of 84 degrees 27 minutes 29
seconds for a distance 76.15 feet; thence deflect 90 degrees right for a distance of
216.88 feet to the actual point of beginning of the line being described; thence
deflect left along a tangential curve having a radius of 440.0 feet (delta angle 83
degrees 47 minutes 14 seconds) for a distance of 649.29 feet and there
terminating.
Tract 3:
That part of Lots 14 and 20, Auditor's Subdivision Number 242, Hennepin
County, Minnesota, Described as follows:
Beginning at a point on the West line of said Lot 14, distant 145 feet South of the
Southerly line of Excelsior Avenue; thence South along said West line a distance
of 95 feet; thence East a distance of 275 feet along a line run parallel with the
Southerly line of Excelsior Avenue; thence South along said West line a distance
of 95 fee; thence East a distance of 275 feet along a line run parallel with the
Southerly line of Excelsior Avenue; thence North along a line run parallel with
the West line of said Lot 14 to the South line of Lot 17, said Addition; thence
West, along the Southerly line of lots 17, 16, and 15, said addition and along said
Southerly line extended to the point of beginning.
All according to the plat thereof on file and of record in the office of the Registar
of Deeds, in and for Hennepin County, Minnesota.
Tract 4:
Those parts of Lots 14, and 20, and 23, Auditor's Subdivision Number 242,
Hennepin County, Minnesota, described as follows:
Commencing at the Southeast corner of Section 24, Township 117, Range 22;
thence North, along the East line of said Section 24, a distance of 953.32; thence
Westerly, deflecting to the left 112 degrees 3 8 minutes 17 seconds, a distance of
538.92 feet; thence Northerly, at a right angle, a distance of 275.83 feet; thence
Westerly, at a right angle, a distance of 33.0 feet to the actual point of beginning;
thence Southerly at a right angle, along a line hereinafter referred to as "Line A" a
distance of 8.27 feet; thence Southerly a distance of 126.88 feet along a tangential
curve to the right having a radius of 167.00 feet to the intersection with the
Northwesterly right-of--way line of HENNEPIN COUNTY STATE AID
HIGHWAY NO. 3, Plat 16, as recorded in Book 4, of Highway Plats, page 4, in
the office of the County Recorder, County of Hennepin; thence Southwesterly
along said right-of--way line to the Northeasterly right-of--way line of the Chicago
and North Western Railway Company (formerly the Minneapolis & St. Louis
Railway Company); thence Northwesterly along the last described right-of--way
line to the West line of said Lot 14; thence North along said West line a point
240.00 feet South from the Northwest corner of said Lot 14; thence East, parallel
with the North line of said Lot 14 and its extension, a distance of 275.00 feet;
thence North parallel with the West line of said Lot 14, a distance of 94.53 feet to
the South line of Lot 17 in said Auditor's Subdivision; thence East, along said
South line, a distance of 3.50 feet to the intersection with a curve concave to the
East Which has a radius of 473.00 feet and is tangential with the aforementioned
"Line A," thence Southerly along the last described curve to the actual point of
beginning.
Lot 12, Auditor's Subdivision No. 242, Hennepin County, Minnesota.
The East 70 feet of the North 210 feet of Lot 13, Auditor's Subdivision No. 242,
Hennepin County, Minnesota.
That part of the North 210 feet of Lot 13, Auditor's Subdivision NO. 242,
Hennepin County, Minnesota lying west of the East 70 feet thereof, also that part
of said Lot 13 lying south of the North 210 feet therefore.
North 19 feet of the East 50 feet of Tract B, Registered Land Survey No. 823,
Hennepin County, Minnesota.
Lots 1 and 2, Block 1, Luther Walser Hopkins Addition
NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use
Permit CUP06-3 is hereby approved based on the following Findings of Fact:
1. That the proposed use meets the requirements for a conditional use permit.
BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP06-3 is
hereby approved subject to the following conditions:
1. That the watershed district approves the proposed development if required.
2. That the public works department approves the final drainage, utility and grading
plans.
3. That there is a screened fence along the entire south property line that abuts the
residential zoning district.
Adopted this 3rd day of October 2006.
TEST:
erry O aier, City Clerk
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E ene axwell, ayor