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13-10768r RESOLUTION NO. 10768 RESOLUTION APPROVING A • CONDITIONAL USE PERMIT FOR A FUNERAL HOME AT 6501 NICOLLET AVENUE WHEREAS, an application has been filed with the City of Richfield which requests a conditional use permit to allow a funeral home at property commonly known as 6501 Nicollet Avenue, property legally described as follows: Lots 1-15 inclusive except that part of Lot 9 lying south of the north 49,00 feet thereof and east of the west 38.00 feet of said Lot 9, Town's Edge, Village of Richfield, Hennepin County, Minnesota WHEREAS, the Planning Commission of the City of Richfield recommended approval of this requested conditional use permit at its February 25, 2013 meeting; and WHEREAS, this requested conditional use permit meets the requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, Section 547.09; and WHEREAS, this requested conditional use permit meets the requirements necessary for issuing a conditional use permit for a funeral home as specified in Richfield's Zoning Code, Section 534.07, 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. A conditional use permit is issued to allow a funeral home, as described in City Council Letter No. 41, on the Subject Property legally described above. 2. This conditional use permit is subject to the following conditions in addition to those specified in Section 547.09 of the City's Zoning Ordinance: • Memorials, burial services or other gatherings associated with a typical funeral home are prohibited; • All site landscaping must be maintained and tended appropriately; • All parking stalls, crosswalks etc. must be striped in accordance with previously approved plans; • Any property changes including lighting, utilities, landscaping, etc. must comply be approved by the City and comply with Code requirements; • Sign permits must be applied for separately. This approval does not constitute approval of any signs; • That the recipient of this conditional use permit record this Resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and the City's Zoning Ordinance Section 546.05, Subd. 7. • Prior to the issuance of an occupancy permit, the Developer shall submit a copy of the recorded conditional use permit. 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 26th day of February 2013. Debbie Goettel, Mayor ATTEST: Nancy Gib. ity Clerk