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Resolution NO:RZ96-15 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: RZ96 -15 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO CONSTRUCT 62 TOWNHOMES ON THE FORMER MINNEAPOLIS FLORAL SITE WHEREAS, an application for Conditional Use Permit CUP96 -4 has been made by Taurus Properties; WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit was made by Taurus Properties on August 23, 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 September 24, 1996: 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: That part of the Northeast Quarter of the Southeast Quarter of Section 25, Township 117 North, Range 22 West of the 5th Principal Meridian described as follows: Commencing at the northeast corner of the Southeast Quarter of said Section 25; thence South 00 degrees 46 minutes 37 seconds, West, assumed bearing along the east line of said Southeast Quarter of Section 25, a distance of 1132.12 feet; thence South 85 degrees 15 minutes 56 seconds West, a distance of 637.05 feet; thence North 00 degrees 46 minutes 37 seconds East, a distance of 769.84 feet to the south line of Registered Land Survey No. 939; thence South 88 degrees 13 minutes 00 seconds West along the south line of said Registered Land Survey No. 939 and its westerly extension a distance of 724.29 feet to the west line of said Northeast Quarter of the Southeast Quarter of said Section 25; thence South 00 degrees 03 minutes 20 seconds West along the west line of said Northeast Quarter of the Southeast Quarter of Section 25 a distance of 396.00 feet to the actual point of beginning; thence South 89 degrees 56 minutes 40 seconds East, a distance of 334.00 feet; thence South 41 degrees 01 minutes 43 seconds East, a distance of 472.81 feet; thence North 85 degrees 15 minutes 56 seconds East, a distance of 125.00 feet; thence South 00 degrees 46 minutes 37 seconds West, a distance of 70.00 feet; thence South 85 degrees 15 minutes 56 seconds West, a distance of 72.08 feet; thence South 00 degrees 46 minutes 37 seconds West, a distance of 66.24 feet to the south line of the Northeast Quarter of the Southeast Quarter of said Section 25; thence West, along said south line of the Northeast Quarter of the Southeast Quarter of Section 25 a distance of 695.73 feet to the southwest corner of said Northeast Quarter of the Southeast Quarter of Section 25; thence North, along the west line of said Northeast Quarter of the Southeast Quarter, a distance of 490.42 feet to the point of beginning. 7 TOGETHER WITH: 1 That part of the North Half of the Southeast Quarter of the Southeast Quarter, Section 25, Township Range 22, lying west of the East 650.98 feet thereof, Hennepin County, Minnesota. NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP96 -4 is hereby recommended for approval 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 -4, is hereby recommended for approval based on the following conditions: 1. That Nine Mile Watershed District approves the proposed development. 2. That the site is developed and constructed as per the plans submitted. 3. That the emergency access is 20 feet in width. 4. That the city roadway is a 60 -foot right -of -way 5. That the utilities are private from the connections at Eighth Street and Sixth Avenue. 6. That the subject site is platted. 7. That the subject site is rezoned from R -2 to P.U.D. 8. That the cul -de -sac roadway is increased to 26 feet. 9. That a development agreement is executed that is acceptable to City staff and the City's legal counsel. III Adopted this 24th of Sep er 1996. 4 AP `1 ill Schumach Chairperson III