07-9980r
RESOLUTION NO. 9980
RESOLUTION APPROVING AN
AMENDMENT TO A CONDITIONAL USE PERMIT
TO ALLOW THE CONSTRUCTION OF AN ADDITIONAL PARKING AREA AND
RECONFIGURA TION OF DRIVEWAYS
AT 6~07, 6527 & 6545 PORTLAND AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
an amendment to a conditional use permit to allow the construction of an additional
parking area and reconfiguration of driveways at property legally described in Exhibit A;
and
WHEREAS, the Planning Commission of the City of Richfield has recommended
approval of this requested amended conditional use permit at its July 23, 2007 meeting;
and
WHEREAS, this requested amended conditional use permit meets the requirements
necessary for issuing a conditional use permit 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 conditjonal
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 approved for construction of an additional
parking area and reconfiguration of driveways, as described in City Council Staff
Report No. 221, on the Subject Property legally described above.
2. This amended conditional use permit is subject to the following conditions:
· That the recipient of this conditional use permit takes steps to combine the property
legally described above into a single tax parcel.
. 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 Ci
August 2007.
ATTEST:
EXHIBIT A
PAR 1:
That part of the West Y2 of the Northwest Quarter of Section 26, Township 28, N. Range 24, West,
described as follows: Beginning at a point on the West line of said Tract 209.12 feet North of the West
1/4 corner; thence North along the West line of said section, 150 feet; thence East parallel with the East
and West center line of said section, 280.3 feet; thence South parallel with the West line of said section,
150 feet; thence West parallel with the said East and West center line of said section, 280.3 feet to the
point of beginning.
PAR 2:
That part of the Southwest Quarter of the Northwest Quarter of Section 26, Township 28, Range 24,
described as follows: Commencing at a point 33 feet North of and 33 feet East of the Quarter Corner
on the Westside of said Section 26; thence North parallel with and 33 feet East of the West line of said
Section 26 a distance of 176.12 feet; thence East parallel with the East and West Quarter line of said
Section 26 a distance of 247.3 feet; thence South parallel with the West line of said Section 26, 176.12
feet; thence West parallel with the East and West Quarter line through said Section 26, a distance of
247.3 feet, to the point of beginning lying East of the West 125 feet thereof, except the South 151.12
feet of the West 20 feet of the above described property, according to the Government Survey thereof.
AND
The North 25 feet of the West 125 feet of that part of the Southwest Quarter of the Northwest Quarter
of Section 26, Township 28, Range 24.
Commencing at a point 33 feet North of and 33 feet East of the Quarter Corner on the West side of said
Section 26; thence North parallel with and 33 feet East of the West line of said Section 26 a distance of
176.12 feet; thence East parallel with the East and West Quarter line of said Section 26 a distance of
247.3 feet; thence South parallel with the West line of the said Section 26 a distance of 176.12 feet to a
point 33 feet North of the East and West Quarter line through said Section 26; thence West parallel with
the East and West Quarter line through said Section 26, a distance of 247.3 feet to the point of
beginning.
AND
Par 1: The South 151.12 feet of the East 20 feet of the West 145 feet of that part of the Southwest
Quarter of the Northwest Quarter of Section 26, Township 28, Range 24 described as follows:
Commencing at a point 33 feet North of, and 33 feet East of the Quarter Corner on the West side of
said Section 26; thence North parallel with and 33 feet East of the West line of said Section 26 a
distance of 176.12 feet; thence East parallel with the East and West Quarter line of said Section 26 a
distance of 247.3 feet; thence South parallel with the West line of said Section 26 a distance of
176.12 feet to a point 33 feet North of the East and West Quarter line through said Section 26;
thence West parallel with the East and West Quarter line through said Section 26, a distance of
247.3 feet to the point of beginning.
Par 2: The South 26.12 feet of the North 51.12 feet of the West 125 feet of that part of the
Southwest Quarter of the Northwest Quarter of Section 26, Township 28, Range 24, described as
follows: Commencing at a point 33 feet North of, and 33 feet east of the Quarter Corner on the
West side of said Section 26; thence North parallel with and 33 feet East of the West line of said
Section 26 a distance 176.12 feet; thence East parallel with the East and West Quarter line of said
Section 26 a distance of 247.3 feet; thence South parallel with the West line of the said Section 26 a
distance of 176.12 feet to a point 33 feet North of the East and West Quarter line through said
Section 26; thence West parallel with the East and West Quarter line through said Section 26, a
distance of 247.3 feet to the point of beginning.
Par 3: An undivided one-half interest in and to:
That part of the Southwest Quarter of the Northwest Quarter of section 26, Township 28, Range 24,
described as follows: Commencing at a point 33 feet North of, and 33 feet East of the Quarter
comer on the West side of said Section 26; thence North parallel with and 33 feet East of the West
line of said Section 26 a distance of 176.12 feet; thence East parallel with the East and West quarter
line of said Section 26 a distance of 247.3 feet; thence South parallel with the West line of said
Section 26 a distance of 176.12 feet to a point 33 feet North of the East and West quarter line
through said Section 26; thence West parallel with the East and West quarter line through said
Section 26, a distance of 247.3 feet to the point of beginning, except the North 51.12 feet of the
West 125 feet thereof, and except that part thereoflying East ofthe West 125 feet thereof.
Par 4: An undivided one-half interest in and to:
That part of the Southwest Quarter of the Northwest Quarter of Section 26, Township 28, Range 24,
described as follows: Commencing at a point 33 feet North of, and 33 feet East of the Quarter
comer on the West side of said Section 26; thence North parallel with and 33 feet East of the west
line of said section 26 a distance of 176.12 feet; thence East parallel with the East and West quarter
line of said section 26 a distance of 247.3 feet; thence South parallel with the West line of said
Section 26 a distance of 176.12 feet to a point 33 feet North of the East and West quarter line
through said Section 26, thence West parallel with the East and West quarter line through said
Section 26, a distance of 247.3 feet to the point of beginning, except the North 51.12 feet of the
West 125 feet thereof, and except that part thereoflying East of the West 125 feet thereof.
Except that part of the above described parcels, which lies westerly, southwesterly and southerly of the
following described line: Commencing at a point on said west line of the Southwest Quarter of the
Northwest Quarter, distant 359.12 feet north of the southwest comer of said Southwest Quarter of the
Northwest Quarter, as measured along said west line of the Southwest Quarter of the Northwest
Quarter; thence South 89 degrees 36 minutes 48 seconds East, assumed bearing, along a line drawn
parallel with the south line of said Southwest Quarter of the Northwest Quarter, 39.00 feet, to the point
of beginning of said line to be hereinafter described; thence Southerly, 160.64 feet, along a non-
tangential curve, concave to the east, having a radius of 1489.00 feet, and a central angle of 06 degrees
10 minutes 54 seconds, the chord of said curve bears South 04 degrees 36 minutes 00 seconds East;
thence South 07 degrees 41 minutes 27 seconds East, tangent to the last described curve, 68.92 feet;
thence South 48 degrees 04 minutes 06 seconds East, 45.68 feet; thence North 90 degrees 00 minutes
00 seconds East, 200.00 feet, and said line there terminating.