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09-10251rRESOLUTION NO. 10251 RESOLUTION APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A NEW PARKING AREA AT 6601 PORTLAND AVENUE AND 6600 OAKLAND AVENUE WHEREAS, an application has been filed with the City of Richfield which requests an amendment to a conditional use permit to allow the construction of an additional parking area at property legally described in Exhibit A; and WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested amended conditional use permit at its May 27, 2009 meeting; and WHEREAS, this requested amended conditional use permit meets the 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 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 approved for construction of a new parking area, as described in City Council Staff Report No. 110, on the Subject Property legally described in Exhibit A. 2. This amended conditional use permit is subject to the following conditions: • That the recipient of this conditional use permit takes steps to combine the property legally described in Exhibit A into a single tax parcel. • 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 547.09, Subdivision 8. 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, Subd. 9. Adopted by the City Council of the of Richfield, Mi sota thi 9th day of June, 2009. C .. De ie Goettel, Mayor ATTEST: Nancy Gib ,City Clerk EXHIBIT A That part of Lot 18, Auditor's Subdivision No. 340, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, which lies southerly of the northerly 28.00 feet thereof. AND Lots 19 and 20, Auditor's Subdivision Number 340, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota Except that part of Lots 19 and 20, Auditor's Subdivision Number 340, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, which lies westerly, southerly, northwesterly and northerly of the following described line: Commencing at the southwest corner of said Lot 19; thence North 89 degrees 56 minutes 12 seconds East, assumed bearing along the south line of said Lot 19, 26.00 feet, to the point of beginning of said line to be hereinafter described; thence North O1 degrees 53 minutes 13 seconds East, 12.86 feet; thence South 90 degrees 00 minutes 00 seconds West, 9.59 feet; thence North 00 degrees 19 minutes 41 seconds, East, 42.61 feet; thence North 10 degrees 04 minutes 12 seconds East, 4.59 feet to a point on the South line of said Lot 20 distant 17.48 feet east of the Southwest corner of said Lot 20, as measured along the South line of said Lot 20; thence North 19 degrees 09 minutes 32 seconds East, 27.26 feet; thence North 28 degrees 31 minutes 39 seconds East, 13.50 feet; thence North 37 degrees 42 minutes 06 seconds East, 19.80 feet; thence North 58 degrees 18 minutes 48 seconds East, 20.50 feet, to its intersection with a line drawn parallel with and distant 28.00 feet south of the north line of said Lots 19 and 20; thence North 89 degrees 56 minutes 12 seconds East, along said line drawn parallel with and distant 28.00 feet south of the north line of said Lots 19 and 20, 30.00 feet, to the East line of said Lot 20; thence continuing East, 96.63 feet, along said parallel line to the east line of said Lot 19, and said line there terminating.