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1998-064CITY OF HOPKINS Hennepin. County, Minnesota RESOLUTION NO: 98-64 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 98-5 WHEREAS, an application for Conditional Use Permit CUP98-5 has been made by SuperValu; WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit was made by SuperValu on August 31, 1998; 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 29, 1998: 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: Block 25 to 29 inclusive and Blocks 43 and 47 inclusive including adjacent vacated street and alley except roads and State Highway 169, West Minneapolis. That part of NE 1/4 of NE 1/4 lying south of west Minneapolis and west of State Highway 169 except street. NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permil CUP98-9, amending Conditional Use Permit 98-5 is hereby approved based on the following Findings of Fact: 1. That the proposed building meets the requirements for a conditional use permit. 2. That the proposed use is permitted in the I-1 zoning district. BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP98-9 is hereby approved based on the following conditions: 1. That Nine Mile Creek Watershed District approves the grading plan. 2. That RCM approves the grading and drainage plan. 3. That a lighting plan be submitted and approved by City staff for the east side of the building. 4. That the subject property be platted. 5. That the Public Works department approves the final grading and drainage plan. 6. That the design of Fifth Street/Second Avenue intersection be constructed as per the Westwood plan dated July 24, 1998. Resolution 98-64 Page 2 7. That the design of the Third Street/Fifth Avenue intersection be constructed as per the Benshoof memo. 8. That SuperValu provide the City with an access and right-of--entry agreement for purposes of maintenance for the water quality ponds. Adopted this 6th day of October, 1998. ~~'TTE T: ~ _ - , erry Ob aier, City Clerk Char es D. Redepennmg, Mayor