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98-8568r 26 RESOLUTION NO. 8568 RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT 300 West 78th Street WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit for a 134-unit extended stay hotel on land generally located at 300 West 78th Street, legally described as: That part of the West 305.00 feet of the East 330.00 feet of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, which lies southerly of a line described as beginning at a point in the west line of said East 330.00 feet distant 160.77 feet south of the northwest corner thereof; thence easterly, at a right angle a distance of 136.00 feet; thence southerly at a right angle 42.80 feet; thence easterly at a right angle 65.00 feet; thence southerly at a right angle 18.00 feet; thence easterly at a right angle 104.00 feet to a point in the east line of said West 305.00 feet of the East 330.00 feet distant 222.86 feet south of the north line of said Southeast Quarter of the Southwest Quarter of the Southwest Quarter and said line there terminating, except that part taken for Interstate Highway Number 494, according to the United States Government survey thereof, Hennepin County, Minnesota. 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 iss'ued for a hotel, as described in City Council Letter No. 82, on the Subject Property legally described above. 2. The conditional use permit is subject to completing the following conditions before an occupancy permit will be issued: . That a final landscape plan and landscape escrow be submitted to and approved by the Community Development Director. . That a sediment and erosion control plan be approved by the Public Works Director. . That cross access and parking agreements be established with a future owner of the north half of the property. . That an agreement be signed stating the developer's awareness of the closure of 78th Street when 1-494 is widened and that closure of the access will not be the basis for a claim of severance damages by the owners of the Candlewood Hotel. . That the trash enclosure be relocated to the east side of the building at such time that access to 78th Street is removed. . That the property be replatted. . That final, detailed signage plans be submitted to and-approved by the Community Development Director. . That this resolution be recorded with the County, pursuant to Minnesota statutes section 462.36, subdivision 1. Resolution No. 8568 -2- 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 13th day of April, 1998. M1WMa~ ATTEST: ~p~ Thomas P. Ferber, City Clerk