90-7671R32
CITY OF RICHFIELD
RESOLUTION NO. 7671
RESOLUTION AUTHORIZING EXECUTION OF
LETTER AGREEMENT WITH WALSER CORPORATION
("WALSER") AND AUTHORIZING MODIFICATION OF
CONDITIONAL USE PERMIT
WHEREAS, Walser owns and operates the Walser Buick car dealership
located at 2100 West 78th Street, 7701 Penn Avenue South, and 2002-2026 West
78th Street in the City of Richfield; and
WHEREAS, on July 14, 1986, the City granted Walser a conditional permit
to allow the construction of certain additions to Walser Buick. facilities; and
WHEREAS, on September 12, 1988, the City granted Walser's application to
amend the conditional use permit to allow remodeling, additions, and changes to
the Walser Buick facilities, subject to certain stipulations; and
WHEREAS, the amended conditional use permit contained the following
special condition:
2. All existing and new signs conform with the city's regulations
within one year. This includes the three billboards and the
time/temperature sign.
and,
WHEREAS, pursuant to the amended conditional use permit, the three
billboards located on the property were to be made conforming by September 12,
1989, and
WHEREAS, on November 16, 1989, Walser submitted an application to
amend the conditional use permit requesting, among other things, to delete the
requirement that the three billboards be brought into conformity with the City
Code; and
WHEREAS,. on January 8, 1990, the. City approved Walser's request to amend
the conditional use permit but concluded that no change be made in the condition
previously imposed relating to the billboards; and
WHEREAS, on April 9, 1990 the City Council held a hearing to determine
whether to revoke Walser's conditional use permit for failure to remove the
billboards; and
WHEREAS, following the hearing the council determined to explore
resolution on the matter by means other than the immediate revocation of the
conditional use permit; and
WHEREAS, as a result of such action, the city staff and representatives of
Walser have formulated a proposed resolution of the matter which is contained in
the attached letter; and
1
WHEREAS, the Council has
with its contents.
NOW THEREFORE, BE IT
Richfield as follows:
reviewed the letter and is fully familiar
LVED by the City Council of the City of
1. The resolution of the matter of the. three billboards located at the
Walser facility, as such resolution is described in the attached letter is hereby
approved.
2. The City Manager is hereby authorized to execute the letter on
behalf of the City and to deliver an executed copy of the same to Walser.
3. Neither the approval of this matter nor the execution and delivery of
the letter are to be construed in any way as a waiver or relinquishment by the City
of its authority under the City Code to enforce the removal of such billboards
through application of the amortization period contained in the Code.
4. Special condition number' 2 contained in the conditional use permit of
September 12, 1988, and incorporated in the amended conditional use permit of
January 8, 1990, is rescinded and a nev~r special condition number 2 is added to read
as follows:
The three billboards located on the property are to be
modified and maintained in accordance with the provisions of the
letter agreement dated August 14, 1990; provided, however, that
neither this conditional use permit nor the letter agreement shall
be construed as a waiver or ielinquishment by the City of its
authority under the City Code to enforce the removal of such
billboards through application o i the amortization period contained
in the Code.
Passed this 24th day of Septeml
Richfield, Minnesota.
ATTEST:`/,~~1~
Thomas P. Ferber, Cif
2
~, 1990, by the City Council of the City of