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1999-078CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 99-78 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A VARIANCE TO PARK IN THE FRONT YARD SETBACK WHEREAS, an application for Variance VN99-5 has been made by Hopkins Tech Center; WHEREAS, the procedural history of the application is as follows: 1. That an application for a lot area variance was made by Hopkins Tech Center on July 23, 1999; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a meeting on the application and reviewed such application on August 31, 1999: all persons present were given an opportunity to be heard; That the written comments and analysis of City staff were considered; and 4. The legal description of the property is as follows: Parcel 1: All that part of the Northwest Quarter of the Northwest Quarter of Section 25 and all that part of the Northeast Quarter of the Northeast Quarter of Section 26, ,Township 117, Range 22 West, as follows: Beginning at the Northwest corner of the Northeast Quarter of the Northeast Quarter of said Section 26; thence South along the West boundary line of said Northeast quarter of the Northeast Quarter of said Section 26 a distance of 96 feet; thence East on a line parallel with the North line of said Section 26 a distance of 1087.4 feet to the point of beginning of the property to be described; thence South along a line parallel with the Section line between said Sections 25 and 26 to the Northerly boundary line of the right of way of the Minneapolis & St. Louis Railway Company; thence Northeasterly along said Northerly boundary line of said right of way to the Section line between said Sections 25 and 26; thence North along said Section line to the North line of said Section 26; thence West along said North line of Section 26 to a point 1112.65 feet East of the Northwest corner of said Northeast Quarter of the Northeast Quarter of Section 26; thence South parallel with the West line of said Northeast Quarter of the Northeast Quarter of Section 26 a distance of 96 feet; thence West to the point of beginning, according to the recorded plat thereof, and situated in Hennepin County, Minnesota. Parcel 2: Also a parcel of land described as follows: Beginning at the intersection of the Section line between said Section 25 and 26 with the Northerly boundary line of the right of way of The Minneapolis & St. Louis Railway Company; thence Northeasterly along said Northerly boundary line of said right of way to a point 356 feet East of and at right angles to said section line between Sections 25 and 26; thence North parallel with said Section line to the North line of said Section 25; thence West along the North line of said Section 25 to the Northwest corner of said Section 25; thence South along the section line between said Sections 25 and 26 to the point of beginning, according to the recorded plat thereof, and situated in Hennepin County, Minnesota. Parcel 3: The East 660 feet of the following described tract: The South 75 feet of the North 696 feet of the West 1,057.4 feet of the Northeast Quarter of the Northeast Quarter and the South 75 feet of the North 621 feet of the East 854.4 feet of the West 1,057.4 feet of the Northeast Quarter of the Northeast Quarter, all in Section 26, Township 117, Range 22, except road according to the recorded plat thereof, and situated in Hennepin County, Minnesota. NOW, THEREFORE, BE IT RESOLVED that the application for Variance VN99-5 is hereby approved based on the following Findings of Fact: 1. That the property does have an undue hardship for the granting of a variance because of the west access now being restricted. BE IT FURTHER RESOLVED that application for Variance VN99-5 is hereby approved based on the following conditions: 1. A parking lot permit is required. Concrete curb and gutter is required. 2. A drainage plan is required, and Nine-Mile Creek Watershed District approval is needed. The parking lot improvements will require some level of storm sewer pipes. 3. The height of the retaining wall may require a fence. Adopted this 7th day of September, 1999. Charles D. Redepenning, ayor ".