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12-10623r RESOLUTION NO. 10623 RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT FOR AN ANIMAL KENNEL AT 6315 PENN AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of conditional use permit for an animal kennel serving up to 50 dogs on the parcel of land located at 6315 Penn Avenue (the "Property"), legally described as: Lots 20 and 21, Block 12, Ray's Lynnhurst, Hennepin County, Minnesota; WHEREAS, the Planning Commission of the City of Richfield recommended approval of this requested conditional use permit at its January 23, 2012 meeting; and WHEREAS, this requested conditional use permit meets the requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, Section 547.09; and WHEREAS, this requested conditional use permit meets the requirements necessary for issuing a conditional use permit for an animal kennel as specified in Richfield's Zoning Code, Section 537.07, Subdivision 11; and WHEREAS, the City has fully considered the request for approval of the conditional use permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A conditional use permit is issued to allow an animal kennel serving up to 50 dogs, as described in City Council Letter No. 37, on the Subject Property legally described above. 2. This conditional use permit is subject to the following conditions in addition to those specified in Section 547.09 of the City's Zoning Ordinance: • Final landscaping and building façade plans shall be submitted to and approved by the Assistant Community Development Director within 90 days of this approval; • A surety equal to 125% of the value (based on two bids and including labor costs) of any landscaping and/or building façade improvements not yet complete must be submitted prior to occupancy. • Sign permits must be applied for separately. This approval does not constitute approval of any signs. • If overnight boarding is contemplated, a license must be obtained through the City's Licensing Department. This approval does not constitute approval of said license. • That the recipient of this conditional use permit record this Resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and the City's Zoning Ordinance Section 547.09, Subd. 8. A copy of the recorded conditional use permit must be supplied to the City prior to occupancy. 3. This conditional use permit shall expire one year after it has been issued unless the use for which the permit was granted has commenced; or building permits have been issued and substantial work performed; or if an extension of no more than one additional year is granted by the Council upon written request of the applicant. 4. This conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the City's Zoning Ordinance, Section 547.09, Subd. 10. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of February 2012. 412), / IA Debbie Goettel,ayor ATTEST: I � Nancy Gib•- ity Clerk