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1992-023 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 92-23 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN APPLICATION TO AMEND A CONDITIONAL USE PERMIT WHEREAS, an application to amend a conditional use permit entitled CUP 92-1 made by Minnetonka Motors is approved. WHEREAS, the procedural history of the application is as follows: 1. That an application to amend a conditional use permit CUP 92-1 was filed with the City of Hopkins on January 21, 1992. 2. That the Hopkins Planning Commission reviewed such application on February 25, 1992. 3. That the Hopkins Planning commission, pursuant to published and mailed notice, held a public hearing on February 25, 1992: all persons present at the hearing were given an opportunity to be heard. 4. That written comments and analysis of the City staff and the Planning Commission were considered. WHEREAS, the following is a legal description of the property: Lot 26, Block 5, West Minneapolis, according to the recorded plat thereof. The North and South boundaries of said tract being marked by Judicial Landmarks placed at the four corners thereof. Tract B, except the North 19 feet of the East 50 feet as measured along the North and East lines thereof, and ALL of Tracts A, C, D, E and F, Registered Land Survey No. 823, Files of the Registrar of Titles, County of Hennepin. t That part of the two following described parcels of land: Lot 9, except that part thereof lying West of a line drawn parallel to and distant 33 feet East at right angles from said West line of said Lot 9, Auditor's Subdivision Number 242, Hennepin County, Minnesota; and That part of Lot 10, Audi tor's . ..- Resolution No. 92-23 Page 2 Subdivision Number 242, Hennepin County, Minnesota lying West of a line extending across said Lot from North to South and drawn parallel with and 34 feet distant East from the West line of said Lot, which lies Southerly of a line 122 feet South of, measured at right angles to and parallel with the North line of the two above described parcels of land, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. That part of Lot 26, Auditor's Subdivision Number 242, Hennepin County, Minnesota, described as beginning at the intersection of the Southerly extension of the East line of the West 33 feet of Lot 9, in said Auditor's Subdivision Number 242, with the Southwesterly line of said Lot 9; thence Southeasterly along the Northeasterly line of said Lot 26 a distance of 315.27 feet; thence Southerly, parallel with the Southerly extension of the West line of said Lot 9 a distance of 32 feet, more or less, to a line drawn parallel with and 26.5 feet Southwesterly from the Northeasterly line of said Lot 26; thence Northwesterly along the last described parallel line a distance of 315.27 feet to its intersection with the Southerly extension of the East line of the West 33 feet of said Lot 9; thence Northerly along the last described extension a distance of 32 feet, more or less, to the point of beginning, according to the recorded plat thereof. Lot 11, County, thereof. Auditor's Minnesota, 242, Hennepin recorded plat Subdivision Number according to the NOW THEREFORE BE IT RESOLVED, that application for CUP 92-1 is hereby approved based on the following Findings of Fact: 1. That an auto sales lot is permitted with a conditional use permit in the B-3 district. 2. That the proposed expansion meets the requirements for an auto sales lot. BE IT FURTHER RESOLVED, that application for CUP 92-1 is hereby approved based on the following Conditions: 1. That a five foot fence is to be constructed along the property line for the south sales lot in accordance with a plan acceptable to the City Staff. 2. That the display cars on the north side of the building are removed permanently. . ... Resolution No. 92-23 Page 3 3. That additional landscaping be provided in the front yard setback in accordance with a plan acceptable to the City staff. All previous conditions required as a part of CUP 89-17 are still in effect. 4. / Adopted this 2nd day of March, c::(" Genellie, 1992. AL