1998-020CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 98-20
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A CONDITIONAL USE PERMIT
TO CONSTRUCT AN ADDITION TO CHAPEL VIEW CARE CENTER
WHEREAS, an application for Conditional Use Permit CUP98-2 has been made
Armstrong, Troseth, Skold, and Rydeen Inc.;
WHEREAS, the procedural history of the application is as follows:
That an application for a conditional use permit was made by Armstrong,
Troseth, Skold and Rydeen Inc. on February 26, 1998;
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 March 31, 1998: all persons present were
given an opportunity to be heard;
That the written comments and analysis of City staff were considered; and
4. A legal description of the subject property is as follows:
Par 1; That part of the West Half of the Northeast Quarter, Section 24, Township
117, Range 22, described as commencing at a point on the East line of said West
Half of the Northeast Quarter distant 1312.12 feet South from the Northeast
corner of said West Half of the Northeast Quarter; thence West at a right angle to
said East line a distance of 164.00 feet to the point of beginning; thence South at a
right angle a distance of 179.78 feet; thence West at a right angle a distance of
84.00 feet; thence South at a right angle a distance of 220.63 feet, more or less to
the Northerly line of the Minnetonka Mills Road; thence Northwesterly along the
Northerly line of said road to a point 531.92 feet Northwesterly along said
Northerly line from the East line of said West Half of the Northeast Quarter;
thence North, parallel with said East line, a distance of 295.30 feet, more or less,
to a line drawn West at a right angle to said East line from the point of
commencement; thence East along the last mentioned right angle line a distance
of 322.87 feet to the point of beginning.
Par 2: That part of the West Half of the Northeast Quarter; Section 24, Township
117, Range 22, described as beginning at a point on the Northerly line of the
Minnetonka Mills Road distant 531.92 feet Northwesterly along said Northerly
line from the East line of said West Half of the Northeast Quarter; thence North,
parallel with said East line, a distance of 291.68 feet; thence Northwesterly,
parallel with the Northerly line of said road a distance of 8.99 feet, more or less,
to a line drawn West at a right angle to the East line of said West Half of the
Northeast Quarter from a point on said East line distant 1312.12 feet South from
the Northeast corner of said West Half of the Northeast Quarter; thence West
along said right angle line a distance of 330.05 feet, more or less, to a line drawn
South parallel with the West line of the Northeast Quarter of said Section 24,
from a point on the North line of said Northeast Quarter distant 524.50 feet East
from the Northwest corner of said northeast Quarter; thence South along the last
mentioned parallel line a distance of 150.00 feet, more or less, to the Northerly
line of said road; thence Southeasterly along said Northerly line to the point of
beginning.
Subject to a 30 foot easement for driveway purposes over that part of the West
Half of the Northeast Quarter, Section 24, Township 117, Range 22, described as
beginning at a point on the Northerly line of the Minnetonka Mills Road distant
538.64 feet Northwesterly along said Northerly line from the East line of said
West Half of the Northeast Quarter; thence Northwesterly along the Northerly
line of said road a distance of 165 feet; thence North, deflecting to the right 66
degrees 15 minutes, a distance of 291.68 feet; thence Southeasterly, parallel with
the Northerly line of said road, a distance of 165 feet to a line drawn north,
parallel with the East line of said West Half of the Northeast Quarter, from the
point of beginning; thence South along the last described parallel line a distance
of 291.68 feet to the point of beginning; except that part of the above described
tract of land lying North of a line drawn West at a right angle to the East line of
said West Half of the Northeast Quarter from a point on said East line distant
1312.12 feet South from the Northeast corner of said West half of the Northeast
Quarter, the center line of said easement being described as commencing at the
intersection of the Northerly line of Minnetonka Mills Road with the East line of
the West Half of the Northeast Quarter of said Section 24; thence on an assumed
bearing of North 66 degrees and 15 minutes West, along the Northerly line of said
road, a distance of 684 feet to the point of beginning of the center line to be
described; thence north 1 degree 23 minutes 50 seconds East a distance of 234.12
feet to the intersection with the North line of the above described property, as
contained in Book 70 of Hennepin County Records, page 3864926. (as to Par 2)
Subject to a 25 foot easement for sanitary sewer, storm sewer and water main
purposes over that part of the West Half of the Northeast Quarter, Section 24,
Township 117, Range 22, described as beginning at a point on the Northerly line
of the Minnetonka Mills Road distant 538.64 feet Northwesterly along said
Northerly line from the East line of said West Half of the Northeast Quarter;
thence Northwesterly along the Northerly line of said road a distance of 165 feet;
thence North, deflecting to the right 66 degrees 15 minutes, a distance of 291.68
feet; thence Southeasterly, parallel with the Northerly line of said road, a distance
of 165 feet to a line drawn north, parallel with the East line of said West Half of
the Northeast Quarter, from the point of beginning; thence South along the last
described parallel line a distance of 291.68 feet to the point of beginning; except
that part of the above described tract of land lying North of a line drawn West at a
right angle to the East line of said West half of the Northeast Quarter from a point
on said East line distant 1312.12 feet South from the Northeast corner of said
West half of the Northeast Quarter, the center line of said easement being
described as commencing at the intersection of the Northerly line of Minnetonka
Mills Road with the East line of the West Half of the Northeast Quarter of said
Section 24; thence on an assumed bearing of North 66 degrees and 15 minutes
West, along the Northerly line of said road, a distance of 667 feet to the point of
beginning of the center line to be described; thence North 10 degrees and 0
minutes West a distance of 116 feet; thence north 35 degrees and 0 minutes East a
distance of 154.62 feet to the intersection with the North line of the above
described property, as contained in Book 70 of Hennepin County Records, page
3864926; (as to Par 2)
Subject to the restriction that all that part of the West '/z of the Northeast Quarter
of Section 24, Township 117, Range 22, West of the 5th principal Meridian
described as follows to-wit: Commencing at a paint on the North line of said
Northeast Quarter distant 524.5 feet East from the Northwest corner of said
Northeast Quarter; thence South along a line parallel with the West line of said
Northeast Quarter to the intersection with the Northerly line of Minnetonka Mills
Road and the point of beginning of the land to be described, said parallel line to
be hereinafter known as "Line A"; thence Southeasterly along the Northerly line
of said road to a point distant 703.64 feet northwesterly from the East line of said
• West Half of the Northeast Quarter as measured along said Northerly road line;
thence North making an angle Northwesterly of 66 degrees and 15 minutes with
the Northerly line of said highway a distance of 291.68 feet; thence Northwesterly
deflecting to the left 66 degrees 15 minutes to the intersection with the
aforementioned "Line A"; thence South along said Line "A" to the point of
beginning which lies South of a line drawn West at right angles to the East line of
said West Half of the Northeast Quarter from a point on said East Line distance
1312.12 feet South of the Northeast corner of said West Half of the Northeast
Quarter shall be used only for parking lot purposes and reserving to Gethsmane
Evangelical Lutheran Church of Hopkins, Minnesota the free use of said parking
lot as a parking lot in conjunction with its church facilities as shown in deed Doc
No. 1004602, Files of Registrar of Titles; (as to Par 2)
NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use
Permit CUP98-2 is hereby approved based on the following Findings of Fact:
That the proposed addition meets the requirements for a conditional use
permit.
BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP98-2 is
hereby approved based on the following conditions:
1. That a storm water analysis is completed for the enclosed courtyard.
2. That Minnehaha Watershed District approves the development.
3. That the applicant provides the City with runoff rate change calculations
for the site and the calculations are acceptable to staff.
Adopted this 7th day of April, 1998.
ATTEST:
Terry Obermaier, City Clerk
Charles D. Redepenning, Mayor