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Res 2016- 46 CUP 701 Mendota Heights RdCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-46 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AT 701 MENDOTA HEIGHTS ROAD WHEREAS, TruNorth Solar, LLC, on behalf of the property owner, has applied for a conditional use permit as proposed in Planning Case 2016-14 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on May 24, 2016. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2016-14 is hereby approved with the finding of fact that the proposed project is compliant with the applicable City Code requirements. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 201644 is hereby approved with the following conditions: 1. The applicant obtains a building permit prior to installation of the proposed solar energy system.. 2. If the proposed solar energy system remains nonfunctional or inoperable for a continuous period of twelve (12) months, it shall be deemed to be abandoned and shall be deemed a public nuisance. 3. If abandoned, the property owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit. Adopted by the City Council of the City of Mendota Heights this seventh day of June, 2016. CITY COUNCIL Y O MENDOTA HEIGHTS Sandra Kra ch, Mayor ATTES . Lorri Smith, City Clerk EXHIBIT A Legal Description PID: 27-03600-52-012 SECTION 36 TWN 28 RANGE 23 PT OF NE 1/4 OF SW 1/4 LYING N OF PROPOSED MENDOTA HGTS RD SUBJ TO ST ESMNTS TO CITY EX PT PLATTED AS KENSINGTON PUD & BRIDGEVIEW SHORES 1 ST ADD Res 2016-46 page 2 Receipt:# 489106 COND $46.00 Return to: CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE MENDOTA HEIGHTS MN 55118 ,es ZO l (a - L1 3183620 111111111119iR!!III!1919l111i Recorded on 3/24/2017 9:13 AM By: DDW, Deputy Office of the County Recorder Dakota County, Minnesota Joel T. Beckman, County Recorder