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2004-040 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 04-40 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A COMPREHENSIVE PLAN AMENDMENT AT 250 FIFTH STREET SOUTH WHEREAS, an application for Comprehensive Plan Amendment ZN04-8 has been made by The Luther Company Limited Partnership and Hopkins Real Estate, LLC; WHEREAS, the procedural history of the application is as follows: 1. That an application for a Comprehensive Plan amendment was made by The Luther Company Limited Partnership and Hopkins Real Estate, LLC, on April 23, 2004; 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 25, 2004: 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: Lot 5 and that part of Lot 4, Auditor's Subdivision Number 195, Hennepin County, Minnesota and that part of the southwest quarter of the southeast quarter of Section 24, Township 117, Range 22 and that part of the northwest quarter of the northeast quarter of Section 25, Township 117, Range 22, all described as beginning at the northwest comer of said Lot 4; thence south to the southwest comer of said Lot 4; thence east along the south line of said Lot 4 to the southeasterly line thereof; thence northeasterly along the southeasterly line of said Lot 4 to its intersection with a line drawn parallel to and 33 feet west from the east line of said southwest quarter of the southeast quarter; thence north along said parallel line to the most northerly comer of said Lot 5; thence southwesterly to the point of beginning except that part of said Lot 4 lying southwesterly of a line and its southeasterly extension drawn from a point in the northwesterly line of said lot distant 990.02 feet northeasterly of the northwest comer of said Lot to appoint in the southeasterly line of said Lot a distance of 1360.84 feet, northeasterly of the most southerly comer of Block 38, West Minneapolis. Those parts of Lot 4, Auditor's Subdivision Number 195, Hennepin County, Minnesota, the right-of-way of the Minneapolis Lyndale and Minnetonka Railway, and 5th Avenue as shown on the plat of West Minneapolis, which lie west of the east line of the southwest quarter of the southeast quarter of Section 24 Township 117 Range 22, east of a line parallel with and distant 33 feet west of said east line, and between the southeasterly line of said Lot 4 and the northeasterly extension of the northwesterly line of Lot 5, said Auditor's Subdivision. Outlot A, Cornerstone, according to the recorded plat thereof, Hennepin County, Minnesota. NOW, THEREFORE, BE IT RESOLVED that the application for Comprehensive Plan Amendment ZN04-8is hereby approved based on the following Findings of Fact: 1. That the amendment to the Comprehensive Plan will allow consideration of an auto sales use at 250 Fifth Street. BE IT FURTHER RESOLVED that application for Comprehensive Plan Amendment ZN04-8 is hereby approved based on the following conditions: 1. That the Metropolitan Council approves the proposed amendment. Adopted this 1st day of June 2004. ~ ~