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09-10238rRESOLUTION NO. 10238 RESOLUTION AUTHORIZING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW DAY CARE SERVICES FOR UP TO 244 CHILDREN AT 7132 PORTLAND AVENUE WHEREAS, an application has been filed with the City of Richfield which requests an amendment to a conditional use permit for day care facilities serving up to 244 children on land generally located at 7132 Portland Avenue, legally described as: Lot 1, Block 1, Hope Presbyterian Church Addition. WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested amendment at 7132 Portland Avenue at its April 27, 2009 meeting, and WHEREAS, this requested amendment at 7132 Portland Avenue meets those requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, Section 547.09, Subd.6; and WHEREAS, the City has fully considered the request for approval of the amended conditional 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 issued to allow day care facilities serving up to 244 children, as described in City Council Letter No. 96, on the Subject Property legally described above. 2. This amended conditional use permit at 7132 Portland Avenue is subject to the following conditions in addition to those specified in Section 514.07 Subdivision 9 of the City's Zoning Ordinance: • 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 547.09, Subdivision 8. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of May, 2009. Deb ie Goettel, Mayor ATTEST: Nancy Gibb ity Clerk