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2015-056 Making Findings of Fact Approving Site Plan at 919 Cambridge Street CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2015-56 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A SITE PLAN TO CONSTRUCT A TACO BELL RESTAURANT AT 919 CAMBRIDGE STREET WHEREAS, an application for Site Plan approval SPR15-4 has been made by Border Foods; WHEREAS, the procedural history of the application is as follows: 1. That an application for Site Plan approval was made by Border Foods, on June 25, 2015; 2. That the applicant has submitted, for the review and approval of the City the site plan drafted by Marvin Devolopment IV, LLC; and dated 6-24-15 (herein the "Site Plan"); 3. 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 July 28, 2015: all persons present were given an opportunity to be heard; 4. That the written comments and analysis of City staff were considered; and, 5. A legal description of the subject property is as follows: Tracts A and D, Registered Land Survey No. 1250, Hennepin County Minnesota NOW, THEREFORE, BE IT RESOLVED that the application for Site Plan approval SPR15-4 is hereby approved based on the following Findings of Fact: 1. That the Planning Commission reviewed the proposed building and has recommended approval of the Site Plan. 2. That the Site Plan and meets the requirements for site plan approval if the conditions below are met to the satisfaction of the City. 3. That the existing use is in compliance with the Comprehensive Plan. 4. That the existing use is in compliance with the B-3 zoning. BE IT FURTHER RESOLVED that application for Site Plan approval SPR15-4 is hereby approved subject to the following conditions that shall be met, to the satisfaction of the City, prior to the issuance of any permits, unless otherwise expressly provide for below: 1. That the application and Sit Plan is subject to the review and approval of the watershed district. 2. The final drainage, drainage and utility plans are subject to the review and approval of the City Engineer. 3. Based on the applicant's intended use of the property and anticipated water and sanitary sewer usage, prior to the City's issuance of a Certificate of Occupancy for the property, the applicant shall: (i) enter into an agreement, subject to the review and approval of the City, with the owner of the adjacent property located at 819 Cambridge Street, to share both the use of the lift station which serves both the 819 and 919 Cambridge Street properties, as well as the maintenance obligations for such lift station; (ii) said agreement shall be recorded against the property records of both properties; and (iii) execute any other documents reasonably required by the City for both properties to maintain the lift station. 4. Use of the subject property shall, at all time, comply with local, state and federal rules and regulations. Adopted this 3rd day of August 2015. Eugene J. axwell, Mayor ATTEST: OAAVA,A Amy Domeier, City Clerk