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1993-121 o o o ,.. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 93-121 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR AN ADDITION TO THE EXISTING BUILDING AT 1320 FIFTH STREET SOUTH WHEREAS, an application for a conditional use permit CUP93-10, made by Thermotech, a division of Menasha Corporation, to construct an addition to the existing building at 1320 Fifth Street South is approved. WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit CUP93-10 was filed with the City of Hopkins on September 21, 1993. 2. That the Hopkins Planning Commission, pursuant to published and mailed notices, held a public hearing on the application and reviewed such application on October 26, 1993: all persons present at the hearing were given an opportunity to be heard. That the written comments and analysis of the City staff and the Planning Commission were considered. 4. A legal description of the subject property is as follows: 3. Parcell Lots 1 to 6 inclusive, 36, That part of Lots 7 and 11 to 17 inclusive, Block 36, lying East and Northeasterly of the center line of Nine Mile Creek; All of the alley in Block 36 lying between the center line of Nine Mile Creek and the extension Westerly across it of the North line of Lot 1; That part of the adjoining West Half of 12th Avenue South, vacated, lying between the extensions Easterly across it of the North line of Lot 1 and the Southeasterly line of Lot 7, Block 36, All in "West Minneapolis", according to the recorded plat thereof. Parcel 2 Lots 8, 9 and 10, Block 36; That part of Lots 7 and 11 to 17 inclusive, Block 36, lying West and Southwesterly of the center line of Nine Mile Creek; All of the alley in Block 36 lying between the center line of Nine Mile Creek and the Southeasterly line of Lot 7, Block 36; :r RESOLUTION NO: 93-121 Page 2 o That part of the adjoining East Half of 13th Avenue South, vacated, lying between the extensions Westerly across it of the North line of Lot 17 and the Southeasterly line of Lot 8, Block 36; All in "West Minneapolis", according to the recorded plat thereof. Parcel 3 Lots 7 to 18, inclusive, Block 1; That part of the vacated alley in said Block 1 lying between the extensions across it of the South line of said Block 1 and the North line of said Lot 12; also that part of the West Half of vacated Thirteenth Avenue lying between the extension across it of the North line of said Block 1 and the Northwesterly right-of-way line of the Chicago, Milwaukee, st. Paul and Pacific Railway Company; and also that part of vacated sixth street South lying between the extension across if of the West line of said Lot 13 and the Northwesterly right-of-way line of the Chicago, Milwaukee, st. Paul and Pacific Railway Company; Also that part of the adjoining East Half of vacated 14th Avenue South lying between extensions across it of the north line of said Lot 18 and the south line of said plat; o All in L.P. Crevier's First Addition to West Minneapolis, according to the recorded plat thereof. Parcel 4 That part of the South 1/2 of the Southwest 1/4 of the Northwest 1/4, Section 25, Township 117, Range 22, lying North of the Northwesterly right-of-way line of the Chicago, Milwaukee, st. Paul and Pacific Railroad Company and East of a line drawn North parallel to the West line of the Northwest 1/4 of said Section 25 from a point on the South line of said Northwest 1/4 distant 1039.5 feet East along said South line from the Southwest corner of said Northwest 1/4. Parcel 5 Lots 1 to 6, inclusive, and Lots 19.to 24, inclusive, Block 1; The vacated alley in said Block 1 lying between the extensions across it of the North line of said Block 1 and the South line of Lot 19, said Block 1. Also that part of the adjoining East Half of vacated 14th Avenue South lying between extensions across it of the north and south line of said Lot 19; All in L.P. Crevier's First Addition to West Minneapolis, according to the recorded plat thereof. o Parcel 6 That part of the East Half of vacated 14th Avenue South lying between the extensions westerly of the north line of Lot 19 and the north line of Lot 24, Block 1, L.P. Creviers First Addition to West Minneapolis. RESOLUTION NO: 93-121 Page 3 Oc NOW THEREFORE, BE IT RESOLVED that the application for . conditional use permit CUP93-10 is hereby approved based on the following Findings of Fact: 1. That the applicant meets the requirements for the 1-2 zoning district. 2. That the applicant meets the requirement for a conditional use permit. BE IT FURTHER RESOLVED, that application for CUP93-10 is hereby approved based on the following conditions: 1. The applicant provide the necessary easements required by the City for Nine Mile Creek at no cost to the City. 2. That the east 1/2 of 14th Avenue is vacated. 3. That the proposed addition is not occupied until the Nine Mile Creek flood reduction project is completed. 4. That a DNR protected waters permit for the Nine Mile Creek Flood Reduction project is approved by Nine Mile Creek Watershed District before construction starts. o 5. Due to the need to mitigate the filling of a wetland, Thermotech shall apply to and receive all necessary approvals from the Nine Mile Creek Watershed District and the u.S. Army Corps of Engineers and any other necessary permits. 6. That if City staff concludes that the replacement wetlands can be constructed separately on City property or in conjunction with a City construction project, Thermotech shall enter into a development agreement with the City acceptable to City staff for this purpose. 'This contract shall be submitted to the City Council for approval. 7. That the Park Board approves the proposed wetland replacement if the site is' on City park property. 8. That the parking lot has concrete B612 curb and gutter. 9. That the applicant supply the City with utility easements for the vacated 14th Avenue at no cost to the City. 10. That the applicant cannot occupy the proposed addition until the CLOMR is approved. o 11. That the applicant provide a landscape bond as required by the zoning ordinance. .. RESOLUTION NO: 93-121 Page 4 ,.. o 12. That all new green areas or landscaped areas are irrigated. 15. That the new landscaped area abutting Fifth street is bermed. Adopted this 2nd day of November, 199 . ATTEST: a A. Genellie, o o