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07-9916r RESOLUTION NO. 9916 RESOLUTION AUTHORIZING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW THE RECONFIGURA TION OF AN EXISTING SERVICE STATION/CONVENIENCE STORE 6744 PENN AVENUE WHEREAS, an application has been filed with the City of Richfield which requests an amendment to a conditional use permit to allow the reconfiguration of an existing service station/convenience store at 6744 Penn Avenue, legally described as: Lots 11 and 12, Block 16, Tingdale Bros Lincoln Hills. WHEREAS, the three members of the Planning Commission of the City of Richfield have recommended denial and three members have recommended approval of this requested amended conditional use permit at the Subject Property at the January 22,2007 meeting; and WHEREAS, this requested amendment to the conditional use permit at the Subject Property meets those requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, Sections 526.027, Subdivisions 12, and 546.05, Subdivision 6; and . WHEREAS, the City has fully considered the request for approval of the amended conditional use permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. An amended conditional use permit is issued to allow the reconfiguration of the existing service station/convenience store, as described in City Council Letter No. 89, on the Subject Property legally described above. 2. This amended conditional use permit at the Subject Property is subject to the following conditions in addition to those specified in Section 521.07 Subdivision 2 of the City's Zoning Ordinance: . 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 27th day of March,2007. ~1,Q1n --