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03-9395r I I I 217 RESOLUTION NO. 9395 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR MOTORCYCLE, SNOWMOBILE, AND SMALL ENGINE REPAIR AND SALES AT 6525 PENN AVENUE SOUTH WHEREAS, an application has been filed with the City of Richfield which requests approval of a 'public mechanical garage' and 'vehicle sales' conditional use permit to allow motorcycle, snowmobile, and small engine repair and limited sales on land generally located at 6525 Penn Avenue South, legally described as: The west 1/8 of that part of the north % of the southwest % of the northwest % lying south of the north 876.8 feet thereof excluding highway. WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested conditional use permit at 6525 Penn Avenue at its September 22, 2003 meeting, and WHEREAS, this requested conditional use permit at 6525 Penn Avenue meets those requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, section 546.05, subd.6, except as specified in Staff Report No. 243,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 motorcycle, snowmobile, and small engine repair and limited sales, as described in Staff Report No. 243, on the subject property legally described above. 2. This conditional use permit at 6525 Penn Avenue is subject to the following conditions in addition to those specified in Sections 526.27 Subdivisions 11 and 16 of the City's zoning code: A) 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. , B) That automobile repair, sales, or servicing is strictly prohibited at this location. C) That no more than three employees, including the owner, are allowed at this location for motorcycle, snowmobile, and small engine repairs or sales without an amendment to this conditional use permit. D) That the hours of operation shall be limited to between 9:00 a.m. and 8:00 p.m. Mondays through Saturdays and noon to 6:00 p.m. Sunday. E) That prior to the sale of any motorcycles, snowmobiles, or small engines, the business shall receive a license under Section 1160 of the City Code. Any required state licenses shall also be obtained and maintained prior to the sale of any motorcycles. F) That yard areas must be maintained free of materials, storage, and I vehicles. G) That exterior speakers shall be prohibited. H) That only wall signs mounted on the building will be allowed, with an approved sign permit. I) That the recipient must provide and maintain an over-sized pot with flowers at the northeast corner of the building for the purposes of providing landscaping and beautification improvements on the site. The pot must be at least 3 feet in diameter and planted/maintained with flowering plans from May 1 st to October 1 st. J) That this conditional use permit shall expire one year after the date it is granted by the City Council, and that the recipient will have to reapply for the continuation of the conditional use permit prior to this one-year expiration. 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 28th day of October, 2003. ~!U Martin J. Kir ayor I ATTEST: \:1\~~Jlkrfl Nancy Gibb City Clerk I