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97-8517r 92 RESOLUTION NO. 8517 RESOLUTION FOR APP~OVING A CONDITIONAL USE PERMIT 6519 Nicollet Avenue WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit for a Class II restaurant on land generally located at 6519 Nicollet Avenue South, legally described in Exhibit A. 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 a Class II restaurant as described in City Council Letter No. ?64, on the Subject Property legally described above. 2. The conditional use permit is subject to completing the following conditions before a building permit will be issued: . That plans to install a trash enclosure be submitted to and approved by the Community Development Director and Health Department. . That the applicant and property owner work with the Health Department and Community Development Department to develop a plan, acceptable to both parties, to address the odors that would be generated by the restaurant and that the plan be shared with the neighborhood. . That employees of the Richfield Shoppes not be encouraged to park in the adjacent residential neighborhood. . That this resolution be recorded with the County, pursuant to Minnesota statutes section 462.36, subdivision 1. 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 27th day of October, 1997. ATTEST: In ;I~ Pf-~~ Thomas P. Ferber, City Clerk -- Resolution No. 8517 - EXHIBIT A RICHFIELD SHOP-PES Legal Description TSI File No. C12983-A 8 Hennepin County, Minnesota SCHEDULE A-4-A PARCEL A: Sub Parcel 1: That part of Lots 3 and 13 lying Southerly of a line described as follows: Beginning at a point on the East line of said Lot 13 at a point 0.07 feet North of the Southeast comer of said Lot 13 and running thence Southwesterly in a straight line to the Southwest comer of said Lot 3, all of Lots 2 and 14 except the South 21.93 feet thereof and all of Lots 1 and 15, Block 9 in "Town's Edge" Village of Richfield, Hennepin County, Minnesota, according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for said Hennepin County. Sub Parcel 2: The North 49 feet of Lots 7, 8 and 9. The South 10.95 feet and the North 5.05 feet of Lots 6 and 10, and All of Lots 5 and 11, Block 9 in ''Town's Edge" Village of Richfield, Hennepin County, Minnesota, according to the map or plat thereof on file or of record in the. office of the Registrar of Titles in and for said Hennepin County. Sub Parcel 3: The South 21.93 feet of Lots 2 and 14; Lots 3 and 13 except that part of said Lots lying Southerly of a line described as follows: Beginning at a point on the East line of said Lot 13 at a point 0.07 feet North of the Southeast comer thereof and running thence Southwesterly in a straight line to the Southwest comer of said Lot 3, Block 9 in "Town's Edge" Village of Richfield, Hennepin County, Minnesota, according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for said Hennepin County. Sub Parcel 4: Lots 6 and 10 except the South 10.95 feet and except the North 5.05 feet of each lot, Block 9, in ''Town's Edge" Village of Richfield, Hennepin County, Minnesota, according to the map or plat thereof on file or of record in the office of the Registrar of Titles in and for said Hennepin County. PARCEL B: Lots 10, 11 and 12, Goodspeed's First Plat, according to the plat thereof on file or of record in the office of the Registrar of Deeds in and for said Hennepin County. PARCEL C: The South 35 feet front and rear of Lots 4 and 12, Block 9, "Town's Edge" Village of Richfield, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said Hennepin County. Note: Parcel designations are for convenience of reference only and do not constitute an integral part of the legal description. --0