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00-8881r 30 RESOLUTION NO. 8881 RESOLUTION APPROVING A CONDITIONAL USE PERMIT 7701 Nicollet Avenue WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit for Menard's, Inc. located at 7701 Nicollet Avenue, legally described as: That part of south 1/2 of southwest 1/4 of southeast 1/4 lying east of west 315 feet thereof and west of east line of Stevens Avenue extended southerly also that part of south 1/2 of southwest 1/4 of southeast 1/4 lying north of south 190 feet thereof and west of west line of Second Avenue South and east of east line of Stevens Avenue extended southerly including adjacent vacated alley excluding streets WHEREAS, the City has fully considered the request for approval of the conditional use permit; and 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 Menard's, Inc. as described in City Council Report No. 135, on the Subject Property legally described above, subject to the conditions set forth in paragraphs 2 and 3 of this resolution. 2. The property owner must complete the following items prior to the issuance of an occupancy permit for the building expansion and must remain in compliance with the conditions for the duration of the permit. . A dumpster enclosure be constructed, the final design, size and height to be approved by the Public Safety Director. . A sufficient area must be provided inside the building for pallet and packing material storage. Final design and size of the storage area is to be approved by the Public Safety Director. Pallets and other packing material will not be stored in the unscreened loading dock area. . A plan for monitoring the property and surrounding area for trash on a regular basis must be submitted to and approved by the Community development Director. The property owner must maintain the property according to the approved plan. . The retaining wall on the east side of 2nd Avenue must be replaced with a material and design approved by the Public Works Director and regularly maintained by the property owner. The design of the turnout area must ensure that adequate room is available for turning movements. . The roof leaders must be redesigned or rerouted and maintained so that water does not overflow onto the public sidewalk. . The driveway access to the south loading dock and service door on 2nd Avenue must be eliminated and replaced with sod and landscaping. . The sprinkler connection must be relocated to a location approved by the Public Works Director and Fire Marshall. . The property owner must upgrade the lighting in the parking lot according to a plan to be approved by the Crime Prevention Division. The Crime Prevention Division shall not require any upgrades that require major reconstruction of the parking lot. . That the outside storage and display of merchandise and materials must be in compliance with Richfield City Code Section 1135. 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 22nd day of May, 2000. q~U Martin J. Kir(Sc ayor ATTEST: ~p~ Thomas P. Ferber, City Clerk -