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2000-051 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 2000-51 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A HEIGHT VARIANCE WHEREAS, an application for Variance VN00-2 has been made by SuperValu; WHEREAS, the procedural history of the application is as follows: 1. That an application for a height variance was made by SuperValu on March 31, 2000; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a meeting on the application and reviewed such application on April 25, 2000; May 30, 2000; and July 25, 2000: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered; and 4. The legal description of the property is as follows: Parcel 1: Lots 1, 2, 3, and 4, Block 39: Lots 1, 2, 3, 4, 17, 18, 19, 20, 21, 22, 23, and 24, Block 52: That part of the West ½ of vacated 9th Avenue lying between extensions across it of the Northwesterly line of Block 39 and the North line of Block 52; That part of the East ½ of vacated 10th Avenue lying between extensions across it of the North and South lines of Block 52; That part of vacated Railway Boulevard lying between extensions across it of the centerline of 9th Avenue and the north line of Block 52; That part of vacated 5th Street South lying between extensions across it of the West line of 9th Avenue and the Easterly line of Railway Boulevard; Lots 1,2,3,4,5,6,7,8,12,13,14,15,16,17,18,i9, and 20, Block 53; That part of the vacated alley in Block 53 lying between extensions across it of the South line of Lot 15 and the Northwesterly line of Lot 20; That part of the West 1/2 of the vacated alley in Block 53 lying between extensions across it of the South line of Lot 12 and the South line of Lot 15; That part of the West 1/2 of vacated l0th Avenue, lying between extensions across it of the South line of Lot 8, Block 53 and the North line of Block 52; That part of the vacated Railway Boulevard lying between extensions across it of the East line of 11th Avenue and the North line of Block 52; All in WEST MINNEAPOLIS, according to the recorded plat thereof, Hennepin County, Minnesota. Parcel 2: Lots 5,6,7,8,9,13,14,15 and 16, Block 52, the vacated alley in Block 52 lying between extensions across it of the North and South lines of said Block and that part of the West Half of vacated 9th Avenue lying between extensions across it of the North and South lines of Block 52, all in WEST MINNEAPOLIS, according to the recorded plat thereof, Hennepin County, Minnesota. Except those parts of the above described premises which lie Southerly and Southeasterly of a line described as follows: Beginning at the intersection of the centerline of 5t~ Street South and the centerline of 7th Avenue South as dedicated in the recorded plat of WEST MINNEAPOLIS; thence Westerly along the Westerly extension of the centerline of said 5th Street South, a distance of 127.00 feet; thence Westerly a distance of 576.03 feet along a tangential curve concave to the South, having a radius of 835.19 feet and a central angle of 39 degrees 31 minutes 00 seconds; then Southwesterly, a distance of 255.54 feet along a compotmd curve concave to the Southeast, having a radius of 563.48 feet and a central angle of 25 degrees, 59 minutes, 00 seconds; thence Southwesterly, tangent to the last described curve, a distance of 176.85 feet; thence Southwesterly, a distance of 209.78 feet along a tangential curve concave to the Northwest, having a radius of 183.69 feet and a central angle of 65 degrees, 26 minutes, 00 seconds and said line there terminating. TRACT B: That part of Lot 7, AUDITOR'S SUBDIVISION NUMBER 195, Heunepin County, Minnesota, lying Westerly of the Westerly right-of-way line of 7th Avenue South as dedicated in the recorded plat of WEST MINNEAPOLIS and its Northerly extension, except that part thereof which lies Southerly and Southeasterly of a line described as follows: Except those parts of the above described premises which lie Southerly and Southeasterly of a line described as follows: Beginning at the intersection of the centerline of 5th Street South and the centerline of 7th Avenue South as dedicated in the recorded plat of WEST MINNEAPOLIS; thence Westerly along the Westerly extension of the centerline of said 5th Street South, a distance of 127.00 feet; thence Westerly a distance of 576.03 feet along a tangential curve concave to the South, having a radius of 835.19 feet and a central angle of 39 degrees 31 minutes 00 seconds; thence Southwesterly, a distance of 255.54 feet along a compound curve concave to the Southeast, having a radius of 563.48 feet and a central angle of 25 degrees, 59 minutes, 00 seconds; thence Southwesterly, tangent to the last described curve, a distance of 176.85 feet; thence Southwesterly, a distance of 209.78 feet along a tangential curve concave to the Northwest, having a radius of 183.69 feet and a central angle of 65 degrees, 26 minutes, 00 seconds and said line there terminating. NOW, THEREFORE, BE IT RESOLVED that the application for Variance VN00-2 is hereby approved based on the following Findings of Fact: 1. That the majority of the site is surrounded by industrially zoned land. 2. That the impact to the residential neighborhood is minimized by the berm, screened fence and the large setback from the residential neighborhood. BE IT FURTHER RESOLVED that application for Variance VN00-2 for a 9' 6" height variance is hereby approved subject to the following conditions: 1. That the conditional use permit is granted and the applicant satisfies all conditions and requirements for such conditional use permit. 2. That the Applicant satisfies all conditions and requirements for and obtains final approval of the plat of the subject property. 3t That the vacation of Sixth Avenue is completed. Adopted this 2nd day of August 2000. Eugene'. Maxwell, Mayor Terry O~qrrn~ier, City Clerk