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1999-043.7 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 99-43 RESOLUTION MAKING FINDINCxS OF FACT AND APFROVTN~ A CONDITIONAL USE PERMIT TO CONSTRUCT AN OFFICE BUILDING WHEREAS, an application for Conditional Use Permit CUP99-2 has been made by Frana and Sons; WHEREAS, the procedural history of the application is as follows: 1, That a~ application for a conditional use permit was made by Frana and Sons on April 23, 1999; 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 May 25, i 999: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staffwere considered; and 4. A legal description of the subject property is as follows: PARCEL A (Certificate of Title No. 642651) Lot 3©, Block 1, Park Valley Second Addition, Hennepin County, Minn., according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County, except that part thereof lying Southerly and Westerly of the following described line: Beginning at a point on the East line of Section 25, Township 117, Range 22, distant 33.02 feet North of the Southeast corner of the North '/z of said Section; thence run Westerly parallel with the South line of said North 'h for a distance of 497.92 feet, said line hereinafter referred to as Line "A"; thence deflect to the right at an angle of 88 degrees 45 minutes 08 seconds for a distance of 300 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds for a distance 34 feet to the actual point of beginning of the line being described; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds to the intersection with a curve having a radius of 110 feet, said curve being tangent to last described line and a line drawn parallel with and distant 40 feet Northerly of said Line "A"; thence deflect left along said curve to its intersection with said 40 foot parallel line and there terminating. • r1 LJ PARCEL B (Certificate of Title No. 643011): Lot 31, Block 1, Park Valley Second Addition, Hennepin County, Minn., according to the plat thereof on file and of record in the office of the Register of Deeds in and for said county, except that part thereof described as follows: All that part of Lot 31, Block 1, Park Valley Second Addition Hennepin County, Minnesota, and the West 8 feet of the East 350 feet of the South 230.28 feet of the North 2607 feet of the East Quarter of Section 25, Township 117, Range 22 which lies Southerly of the following described line: Beginning at a point on the East line of said Section distant 33.02 feet North of the Southeast corner of the North 'h of said Section; thence run Westerly parallel with the South line of said North '/z for a distance of 497.92 feet, said line hereinafter referred to as Line "A"; thence deflect to the right at an angle of 88 degrees 45 minutes 08 seconds for a distance of 300 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds for a distance of 34 feet to the actual point of beginning of the line being described; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds to the intersection with a curve having a radius of 110 feet, said curve being tangent to the last described line and a line drawn parallel with and distant 40 feet Northerly of said Line "A"; thence deflect left along said curve to its intersection with said 40 foot parallel line; thence continue Easterly along said 40 parallel line for a distance of 30 feet and there terminating. PARCEL C (Abstract): The West 8 feet of the East 350 feet of the South 230.28 feet of the North 2607 feet of the East Quarter of Section 25, Township 117, Range 22. PARCEL D (Abstract) That part of the Southeast Quarter of the Northeast Quarter, Section 25, Township 117, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of the Northeast Quarter of said Section 25, thence on an assumed bearing of North 89 degrees 45 minutes 46 seconds West along the south line of said Northeast quarter a distance of 328.65 feet; thence North 0 degrees 32 minutes 12 seconds East a distance of 73.00 feet to the actual point of beginning; thence South 89 degrees 45 minutes 46 seconds East a distance of 30.00 feet; thence easterly and northeasterly a distance of 50.03 feet along a tangential curve to the left having a radius of 36.00 feet and a central angle of 79 degrees 37 minutes 42 seconds; thence North 10 degrees 36 minutes 32 seconds East, tangent to said curve, a distance of 156.98 feet to a line drawn westerly, perpendicular to the east line of said Northeast Quarter, from a • point on said east line 2376.72 feet south from the northeast corner of said Northeast Quarter; thence westerly along said perpendicular line a distance of 115.27 feet to a point 342.00 feet westerly along said perpendicular line from the east line of said Northeast Quarter; thence southerly, parallel with the east line of said Northeast Quarter to its intersection with a line bearing North 89 degrees 45 minutes 46 seconds West from the actual point of beginning; thence South 89 degrees 45 minutes 46 seconds East to the actual point of beginning. Excepting from the above PARCELS C and D those parts thereof lying Southerly and Westerly of the following described line: Beginning at a point on the East line of Section 25, Township 117, Range 22, distance 33.02 feet North of the Southeast corner of the North Half of said Section; thence run Westerly parallel with the South line of said North Half for a distance of 497.92 feet, said fine hereinafter referred to as Line "A"; thence deflect to the right at an angle of 88 degrees 45 minutes 08 seconds for a distance of 300 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds for a distance of 34 feet to the actual point of beginning of the line being described; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds to the intersection with a curve having a radius of 110 feet, said curve being tangent to last . described line and a line drawn parallel with and distant 40 feet Northerly of said Line "A"; thence deflect left along said curve to its intersection with said 40 foot parallel line; thence continue Easterly along said 40 foot parallel tine for a distance of 30 feet and there terminating. NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP99-2 is hereby approved based on the following Findings of Fact: That the proposed building meets the requirements for a conditional use permit. BE TT FURTI~R RESOLVED that application for Conditional Use Fermit CUP99-2 is hereby approved based on the following conditions: That the developer submits a storm water management plan and the plan is approved by staff. 2. The grading and utility plan needs to be revised and approved by staff showing the erosion control measures, information detailing the storm structures, public utilities, and proposed hookups. 3. Water and sanitary sewer are located within the subject property. These need to be located, shown on this plan, and the City will require a utility • easement from the developer for the water and sanitary sewer. • 4. A watershed district permit is obtained. 5. Handicapped van accessible parking spaces access aisles or curb ramps will have to be added in the parking area and underground garage, and that staff approves the handicapped spaces. 6. The exit on the east side of the office area is not handicap accessible and there may be a dead-end corridor in the ofrice area. These items should be reviewed and approved by staffwhen actual construction drawings are prepared. 7. That the trash pick-up and deliveries are limited to between 8:00 a.m. and 5:00 p.m. That additional trees are added to the berm on the west side of Second Avenue, subject to Public Works approval. 9. That the elevation of the lowest floor is 896.5. 10. That a revised landscape plan is submitted adding additional trees to the site in the area of the reconstructed intersection and that staff approves the • plan. 11. Reconstruction of Second Avenue South/Seventh Street South intersection to eliminate free right turn for westbound to northbound movements as detailed in Figure 1 of the memo from Benshoof & Associates dated June 9, 1999. This would include eliminating stop sign control for westbound Seventh Street South as detailed in the footnote on Figure i. The cost of implementing these intersection improvements shall be the responsibility of the developer. 12. The drawing for the project shall be revised to reflect a 30-foot width and 15-foot corner radius. Adopted this 15th day of June, 1999 • Charles D. Redepenning, yor _~. ~,