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Resolution NO:RZ98-11 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: RZ98 -11 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO CONSTRUCT A BUILDING 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 June 5, 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 June 30, 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 Permit CUP98 -5 is hereby recommended for approval 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 -5 is hereby recommended for approval based on the following conditions: 1. That Nine Mile Creek Watershed District approves the grading plan. 2. That the height variance is granted. 3. That a lighting plan is submitted and it is approved by City staff for the east side of the building. 4. That the applicant enter into a development agreement which includes a requirement that it pay the costs of construction of all necessary roadways to facilitate the project and off -site landscaping. 5. That the road crossing location for the 10 -foot trail at the intersection of Fifth Street South/Second Avenue South is moved southeastwardly as approved by staff. 6. That the City is allowed to use the same contractor that is used by SuperValu for construction of the truck lane on Third Street South. This includes the mill and overlay project for Third Street South from T.H. 169 to west of Fifth Avenue South. Adopted this 30th day of June, 1998. Ri 'k Brausen,W hair