1996-050~; ~ ~~
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 96-50
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
A CONDITIONAL USE PERMIT TO CONSTRUCT TOWNHOMES ON
THE SOUTHEAST CORNER OF MAINSTREET AND SHADY OAK ROAD
WHEREAS, an application for Conditional Use Permit CUP96-3 has been made by The Oaks of
Mainstreet Inc.;
WHEREAS, the procedural history of the application is as follows:
That an application for a conditional use permit was made by the The Oaks of Mainstreet
Inc. on Apri126, 1996;
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 28,
1996: 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:
Pareel 1:
That part of the Southeast Quarter of Southeast Quarter of Section 23, Township
117, Range 22 described as follows:
Commencing at a point in a line parallel to and 660 feet West at right angles from
the East line of said Subdivision which point is 689.3 feet measured along said line
Northerly from the intersection of said line with the Northerly line of the
right-of--way of the Chicago Milwaukee and St. Paul Railroad Company; thence
West at right angles 291 feet to the point of beginning of the tract to be described;
thence continuing West 382.6 feet more or less to the West line of said
Subdivision; thence North to the Northwest corner of said Subdivision; thence
East along the North line thereof; thence East along the North line thereof to an
intersection with a line drawn from the actual point of beginning parallel with the
East line of said Subdivision; thence South along said parallel line to the point of
beginning.
Parcel 2:
That part of the Southeast Quarter of Southeast Quarter of Section 23, Township 117,
Range 22 described as follows:
Commencing at a point in a line parallel to and 660 feet West at right angles from the East
line of said Subdivision which point is 689.3 feet measured along said line Northerly from
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the intersection of said line with the Northerly line of the right-of--way of the Chicago,
Milwaukee and St. Paul Railroad Company; thence West at right angles 291 feet; thence
North at right angles to the North line of said Subdivision; thence East along the North
line of said Subdivision to a point in a line parallel to and 660 feet West at right angles
from the East line of said Subdivision; thence Southerly on an extension of the last
mentioned line to the point of beginning.
NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit
CUP96-3 is hereby approved based on the following Findings of Fact:
1. That the proposed development meets the requirements for a conditional use permit.
BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP96-3 is hereby
approved based on the following conditions:
1. That the subject property is rezoned from R-4 to R-2.
2. That the applicant provide easements for street right-of--way for 19th Avenue,
Mainstreet and Shady Oak Road.
3. That the Engineering Department approves the final stormwater, drainage and
grading plan.
4. That Nine Mile Watershed District approves the proposed development.
5. That the existing sidewalk is retained on Mainstreet, east of the ingress/egress.
6. That a sidewalk is added on Mainstreet west of the ingress/egress at the time
Shady Oak Road is upgraded.
7. That the Zoning and Planning Commission will review the proposed fence once a
final determination has been made on the style and type.
8. That the applicant will have to apply for a variance and/or a conditional use permit
for the proposed signs.
9. That the City Council has approval of the final site plan.
Adopted this 4th day of June 1996.
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arles D. Redepenning, yor
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A. G~nellie; City Clerk
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