Resolution NO:RZ95-31 CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: RZ95 -31
RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT FOR
A THEATER AND RESTAURANT ON THE SOUTHWEST CORNER
OF MAINSTREET AND 11TH AVENUE
WHEREAS, an application for Conditional Use Permit CUP95 -10 has been made by The Beard
Group; and
WHEREAS, the procedural history of the application is as follows:
1. That an application for a Conditional Use Permit, CUP95 -10, was made by The Beard
Group on October 26, 1995;
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
November 28, 1995: 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 property is as follows:
Lots 1 and 6, inclusive, Block 7, West Minneapolis, according to the plat thereof on file and of
record in the office of the Register of Deed, in and for Hennepin County, Minnesota.
And that part of the North Half of the adjoining vacated East -West alley in said Block 7
lying between the extensions across it of the West line of said Lot 1 and the East line of
Lot 26 in said Block 7, and situate in Hennepin County, Minnesota.
Lot 23 except the South 25 feet front and rear, and all of Lots 24, 25 and 26, Block 7,
West Minneapolis, according to the plat thereof on file and of record in the office of the
Register of Deeds in and for Hennepin County, Minnesota. Together with that part of the
South Half of the vacated East -West alley in said Block 7 adjoining Lot 26; Together with
that part of the West Half of the vacated alley in said Block 7 adjoining said Lots 23, 24,
25 and 26.
Lots 7, 8, 9 and 10, Block 7, West Minneapolis, except the South 25 feet of Lot 10,
according to the plat thereof on file and of record in the office of the Register of Deeds, in
and for Hennepin County, Minnesota. Together with that part of the East Half of the
vacated North -South alley in said Block 7 adjoining said Lots 7, 8, 9 and 10. Together
with that part of the South Half of the vacated East -West alley in said Block 7 adjoining
Lot 7.
That part of the North Half of the adjoining vacated East -West alley in Block 7, West
Minneapolis, lying between extensions across it of the East line of Lot 26 and the East line
of Lot 6 in said Block 7 and situate in Hennepin County.
NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit
CUP95 -10 is hereby recommended for approval based on the following Findings of Fact:
1. A theater and restaurant are permitted in the B -3 zoning district.
BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP95 -10 is hereby
recommended for approval based on the following conditions:
1. That the watershed district approves the proposed development.
2. That the development is constructed as per the final site plans submitted.
3. That a revised landscape plan is submitted and approved by the staff, which
includes the following:
a. Additional plantings on the south property line
b. Placement of plantings in the interior of the parking lot
c. The berm on the south property line is a minimum of three and one -half
feet in height
4. Execution of an agreement acceptable to staff for maintenance by applicant of
sumped catch basin.
5. That the street lighting along Mainstreet is approved by staff.
6. Execution of an easement to the City for the conduit along Mainstreet.
7. Vacation of the utility easement on the site.
8. That the applicant comply with section 570.35 regarding fixed awnings on the
restaurant awning.
9. That the applicant provides the City an easement for a public walkway at least 10
feet wide on the south side of Mainstreet from 11th Avenue to 12th Avenue.
10. That the applicant provides additional right -of -way as determined by staff for the
upgrading of 11th Avenue.
Adopted this 28th day of November, 1995.
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