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10-23 Resolution No. 11562 RESOLUTION NO. 11562 RESOLUTION AMENDING A PREVIOUSLY APPROVED CITY COUNCIL DETERMINATION REGARDING PROPERTY AT 7301 PENN AVENUE S WHEREAS, the property at 7301 Penn Avenue S ("subject property") has been used for commercial purposes since its construction in 1988, and specifically by the Drapery Place business since 1995; and WHEREAS, on March 27, 1995, the City Council made a determination that a drapery service business is a permitted use in the C-1 Neighborhood Business District, and included a stipulation "That any sublet of the 7301 Penn Avenue building require the approval of the City Council" (herein "sublet stipulation"); and WHEREAS, the owner of the subject property has requested that this stipulation be removed, as the property is currently being marketed for sale or for lease, and the sublet stipulation is a hindrance to finding a new user and/or buyer; and WHEREAS, removal of the sublet stipulation would allow the property to be sold or leased to any similar retail/service use without Council approval; and WHEREAS, any substantial change in use or a conditionally permitted use will require City Council approval of a site plan amendment or conditional use permit; and WHEREAS, the Planning Commission conducted a public hearing and recommended approval of removing the sublet stipulation at its September 24, 2018 meeting; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota that the sublet stipulation from the March 27, 1995 City Council decision is hereby removed, contingent upon the following: 1. Site landscaping shall be reestablished in accordance with previously approved plans, within one year of approval of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of October, 2018. I aria Regan Gonzalez, Mayor ro Tempore ATTEST: Elizabeth VanHoose, City Clerk