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12-10696r RESOLUTION NO. 10696 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A LIGHTED BALL FIELD AND NEW ACCESSORY STRUCTURES AT 7001 HARRIET AVENUE WHEREAS, an application has been filed with the City of Richfield which requests a conditional use permit for a lighted ball field and new ball field accessory structures on land generally located at 7001 Harriet Avenue, legally described as: That part of Government Lots 4 and 5 lying West of a line running parallel with and a distance of 415 feet East from the East line of Minneapolis Northfield and Southern Railroad right-of-way except roads, Hennepin County, Minnesota WHEREAS, the Planning Commission of the City of Richfield recommended approval of this requested conditional use permit at its August 27, 2012 meeting; and WHEREAS, this requested conditional use permit meets those requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, Section 547.09, Subd.6; and WHEREAS, this requested conditional use permit meets the requirements necessary for issuing a conditional use permit for outdoor recreational facilities and lighted playing fields as specified in Richfield's Zoning Code, Section 514.07, Subdivision 4; 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. An amended conditional use permit is issued to allow a lighted ball field and new access ball field accessory structures, as described in City Council Letter No. 163, on the Subject Property legally described above. 2. This amended conditional use permit at 7001 Harriet Avenue is subject to the following conditions in addition to those specified in Section 514.07 Subdivision 9 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 547.09, Subdivision 8. The City Council authorizes staff to make changes to the legal description as required for recording purposes. • Proof of recording must be submitted to the Community Development Department prior to the Final Inspection. • All new and/or replacement ball field components must be at least 27 feet from the lot line. This requirement does not apply to fences. • Light levels must be maintained in a manner consistent with the requirements of the Code. • Ball field lights must be extinguished by 11:00 p.m. 3. This conditional use permit shall expire one year after it has been issued unless 1) the use for which the permit was granted has commenced; or 2) Building permits have been issued and substantial work performed; or 3) Upon written request of the applicant, the Council extends the expiration date for an additional period not to exceed one year. Expiration is governed by the City Zoning Ordinance, Section 547.09, Subdivision 9. 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 11th day of September, 2012. D� bbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk