Resolution NO:RZ96-10 J F i
CITY OF HOPKINS
4110 Hennepin County, Minnesota
RESOLUTION NO: RZ96 -10
RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF 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:
1. That an application for a conditional use permit was made by The Oaks of Mainstreet Inc.
on April 26, 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 staff were considered; and
4. A legal description of the subject property is as follows:
Parcel 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
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 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 -3 is hereby
recommended for approval based on the following conditions:
1. That the subject property is rezoned from R to R 2.
2. That the applicant provides 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 if it determined
feasable once Shady Oak Road is reconstructed.
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.
Adopted this 28th day of May 1996.
an 4n, Cerson