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03-9321r I I I 143 RESOLUTION NO. 9321 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR DRIVE-UP WINDOW AND TELLER SERVICE AT 345 77TH STREET EAST WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit (CUP) or drive-up window and teller service on land generally located at 345 77th Street East, legally described as: Parcel One. All of that part of Lot 1, Section 34, Township 28, Range 24, Hennepin County, Minnesota described as follows: Commencing at a point in the West line of Ranft Addition, 462 feet North of the Southwest corner of said plat; thence West on a line parallel to the South line of said lot 1, a distance of 408.65 feet, thence North at right angles to said parallel line a distance of 128 feet; thence at right angles East to the extension northerly of the West line of Ranft's Addition; thence South along said extended line to the point of beginning, except that part lying East of the Southerly extension of the West line of Fourth Avenue South. Parcel Two. That part of the South % of the Southeast ~ of the Southeast ~ of Section 34, Township 28, Range 24, Hennepin County, Minnesota lying north of the south 590 feet thereof and lying West of the Southerly extension of the West line of Fourth Avenue South and lying Easterly of a line drawn at right angles from a point on the North line of the South 590 feet thereof a distant 425.65 feet West of the Northerly extension of the West line of Ranft's Addition. Parcel Three. Commencing at a point 408.65 feet West of the Southwest corner of Ranft's Addition, Hennepin County, Minnesota; thence 462.00 feet North to the point of beginning; thence West along a line parallel with the South line of Government Lot 1, a distance of 17.4 feet; thence North at right angles to said parallel line a distance of 128.00 feet; thence East at right angles a distance of 17.4 feet; thence South to the point of beginning. Subject to power line easement in favor of Northern State Power Company recorded in Book 1980 of Deeds, page 195, as to Parcel 2. Also subject to an easement for the 77th Street as described in deed document number 3023934, Office of the Registrar of Deeds as referred to in deed document number 528267, Files of the Registrar of Titles, as to Parcel 2. WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested conditional use permit at 345 East 77th Street at its February 24,2003 meeting, and WHEREAS, this requested conditional use permit at 345 East 77th Street 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 for drive-up window and teller service, as described in Staff Report No. 76, on the Subject Property legally described above. 2. This conditional use permit at 345 East 77th Street is subject to the following conditions in addition to those specified in Section 526.27 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. 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 Adopted by the City Council of the City of Richfield, Minnesota this 25th day of March, 2003. h?~~~U Martin J. Kir , Mayor ATTEST: ~~ Nancy Gibbs, lfty Clerk I I I