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04-9438r RESOLUTION NO. 9438 A RESOLUTION MODIFYING CONDITIONAL USE PERMIT FOR PROPERTY AT 308 EAST 78TH STREET; AMENDING CONDITIONAL USE PERMIT ISSUED MARCH 13, 1978 WHEREAS, by council action on March 13, 1978, the City Council of the City of Richfield approved a special or conditional use permit for the operation of a group care residential facility at the property located at 308 East 78th Street in the City of Richfield; and WHEREAS, at the time the conditional use permit was granted, the property at 308 East 78th Street was part of a larger parcel of land owned by The Church of the Assumption of Richfield Minnesota; and WHEREAS, the City Council has subsequently approved the subdivision of the property located at 308 East 78th Street from the larger tract owned by The Church of the Assumption of Richfield Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The conditional use permit granted on March 13, 1978, is amended by restricting the conditional use permit to the property legally described on the attached Exhibit A. 2. The original conditions of the conditional use permit as adopted March 13, 1978, as set forth in the minutes attached as Exhibit B, are in all respects affirmed and unchanged. : 3. This resolution is effective immediately upon receipt of the written consent of The Church of the Assumption of Richfield, Minnesota. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of March, 2004. M. Sandahl, Mayor Pro Tempore ATTEST: 38 EXHIBIT A Legal Description of Property The east 125.00 feet of the south 174.00 feet of the South 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 34, Township 28, Range 24, EXCEPT those parts taken for State Trunk Highway No. 5 and 100 over the South 40 feet thereof, per Doc. No. 1349782 and per Doc. No. 1719066. And The west 206.54 feet of the south 120.14 feet of South 1/2 of the Southeast 1/4 of the Southeast 1/4, of Section 34, Township 28, Range 24. And The west 28.05 feet of the north 53.86 feet of the south 174.00 feet of South 1/2 of the Southeast 1/4 of the Southeast 1/4, of Section 34, Township 28, Range 24. Council Meeting Minute~ ExhibiT B ~ -. ~ -- - ----.... -3- ;) -/.:; - / ~ March 13, 1978 7. Request for Special Use Permit for Group Care Residential Facility, -.306 E. 78th Street The city manager reviewed the application for a special use permit filed by Assumption Church and Progress Valley to permit operation of a group care residential facility at 306 East 78th Street. Robert Worthington, appearing both as a volunteer of Progress Valley and an employee of Rauenhorst Corporation, spoke in behalf of the request for a special use permit. Don Stuh1man, director of Progress Valley, explained the Progress Valley program, which will be a group home for chemically dependent women. He indicated that the facility will be modeled after a similar center Progress Valley is presently operating for men. Phil Riveness, executive director of The South Hennepin Human Services Council, spoke in support of this proposed project. Bill South, 7621 Vincent Avenue, asked about the funding of the organization. Motion by Jacobsen, seconded by Ludeman to close the hearing. All ayes - Carried. Motion by Ludeman, seconded by Luettinger t he special use permit subject to the following stipulations: 1. The proposed parking area be upgraded to ~tandards required by city ordinances; 2. An off-street parking contract be execu.ted; 3. Progress Valley provide a van for transportation of its residents between the hours of 6:09a.m. and 6:00 p.m.; 4. Proper landscaping be provided-on the east and west sides of the property.. .........-./.. All ayes '~ CONSENT The Church of the Assumption of Richfield Minnesota, owner of land adjacent to the land described in the foregoing resolution, hereby consents to the resolution. Dated: ~ I ~ THE CHURCH OF THE ASSUMPTION OF RICHFIELD, MINNESOTA ~~ ~S~fJ! STATE OF MINNESOTA } ss.: COUNTY OF HENNEPIN The fdoing instrument was aCk.n~-md,9~d b~.3f J~~. /7; day of ~ ' , 2004 by'c~ \('-hlL" )( '_, the \ \ _ (#6 /~ of The Church of the AssumpUQh f of Richfield Minnesota, a nonprofit corporation under the laws of Minnesota by and l6n behalf of said corporation. ~ e,4iFtlil.;\RA'e;',BtU;ING1'Ql'l" :'jt:fi.::l'flUBLIC. MINNESOTA ',1,1' Cummisslon Expires Jan. 31, 2005 CAH-245084vl RC160-5