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RESOLUTION NO. 9291
RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR
A CLUSTER HOME DEVELOPMENT AT 6833 AND 6855 PENN AVENUE
WHEREAS, an application has been filed with the City of Richfield by Penn Place
LLC which requests approval of a conditional use permit for a Cluster Home (townhouse)
Development on land generally located at 6833 and 6855 Penn Avenue South, legally
described as:
Lot 11, Block 9, Tingdale Bros. Lincoln Hills Second Addition and Lots 10 and 11,
Block 9, Wood Lake Highlands, subject to highway easement document number
4934264.
WHEREAS, the Planning Commission of the City of Richfield has recommended
approval of this reguested Conditional Use Permit at 6833 and 6855 Penn Avenue South
at Its November 25,2002 meeting;, and
WHEREAS, this requested Conditional Use Permit at 6833 and 6855 Penn Avenue
South meets those requirements necessary for issuing a CUP as specified in Richfield's
Zoning Code, section 546.05, subd.6;, 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 Penn Place LLC for a Cluster Home
Development, as described in City Council Staff Report No. 17, on the Subject
Property legally described above.
2. This conditional use permit at 6833 and 6855 Penn Avenue South is subject to
the following conditions in addition to those specified in Section 521.07
Subdivision 6 of the City's zoning code:
. That the recipient of this conditional use permit record this resolution with
the County, pursuant to Minnesota statutes section 462.36, Subdivision 1
and Richfield Zoning Code 546.05, Subdivision 7.
. That the applicant submit and the City Attorney approve a copy of the
"Declarations of Covenants, Conditions, and Restrictions" for the
townhouse owners.
. That the applicant apply and receive approval for a subdivision waiver.
. That the townhouse owners association for Penn Place insure that all
garbage cans for the development are removed from the curb after each
garbage pick-up.
3. The 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 Zoning Ordinance, Section 546.05, Subd. 9
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