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2007-043CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 07-43 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A SITE PLAN TO CONSTRUCT A CONDO BUILDING Halley; WHEREAS, an application for Site Plan Review SPR07-1 has been made by Mike WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit was made by Mike Halley on May 25, 2007; 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 26, 2007: 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 2, Block 1, Oak Ridge Place 2nd Addition NOW, THEREFORE, BE IT RESOLVED that the application for Site Plan Review SPR07-1 is hereby approved based on the following Findings of Fact: 1. That the proposed use meets the requirements for site plan review. BE IT FURTHER RESOLVED that application for Site Plan Review SPR07-1 is hereby approved subject to the following conditions: 1. That the watershed district approves the proposed development. 2. That the public works department approves the final drainage, utility and grading plans. 3. That the variance is granted allowing a lot with no frontage on a public right-of- way. 4. That prior to the construction process the applicant will put down 2 1/2 feet of wood mulch to protect the root system of trees located near the Oak Ridge Country Club property line. The wood mulch will be maintained throughout the construction process. 5. Any damage to the fence owned by Oalc Ridge Country Club during construction will be repaired to the satisfaction of Oalc Ridge Country within two weeks of the damage occurring at the expense of the applicant. 6. Any damage to trees within 15 feet of Oak Ridge Country Club's property line adjacent to the applicant's site that will require trimming to mitigate the damage will be trimmed to the satisfaction of Oak Ridge Country Club at the expense of the applicant. 7. Any trees within 15-feet of Oak Ridge Country Club's property line adjacent to the applicant's property destroyed or damaged as a result of the construction (within 180 days of the completion of the construction on the project), or where the damage to the trees is so severe that tree trimming will not be acceptable to Oak Ridge County Club, those trees will be replace with trees acceptable to Oalc Ridge Country Club and that the replacement trees be accomplished within 30 days, weather permitting, if the determination of the trees being destroyed or damage so severely as to require replacement. 8. That no more that 10 percent of the units can be rented. Adopted this 2nd day of July 2007. >> ~ ~ -TEST. ,.. Terry O maier, City Clerk en .Maxwell, yor