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Res 1993 - 06 Approving Conditional Use Permit for Geroge Waters & Dorothy Waters & George's Golf Range, Inc.CITY OF MENDOTA H$IGHTS DAROTA COUNTY, MINNESOTA RLSOLIITION IJO. 93-06 RESOLIITION APPROVING CONDITIONAL IISL PERbiIT FOR GLORGi3 WATERS AND DOROTHY WATBRS AI�TD GEORGF3 ° S GOLF RPiNG}3, INC . WHEREAS, George Waters and Dorothy Waters, husband and wife (the "Owner") are fee owners of that certain property located at 2341 Highway 55 and legally described on Exhibit A attached hereto (the "Property"); and WHFREAS, the Owners lease the Property to George's Golf Range, Inc., a Minnesota corporation (the "Tenant"); and WHEREAS, the Minnesota Department of Transportation has acquired additional right-of-way from the Owners for widening and improving Trunk Highway 55; and �PHEREAS, said partial loss of the property to the Minnesota Department of Transportation places the Property and the Use into a non conforming status with respect to building and parking setbacks; and �HEREAS, the Owners and the Tenant have applied to the City of Mendota Heights, a Minnesota municipal corporation (the "City") for a conditional use permit and variances to the City's setback requirements in order to keep the Property and the Use in conformance with the City's zoning ordinance; and WHEREAS, "participatory athletics" is a conditional use within the Industrial zoning clasaification in which the Property is located; and B�HEREAS, the City's Planning Commission has conducted the requisite public hearings and reviews with respect to the subject application. NO�, TBEREFORE, BE IT RESOLVLD by the City Council of the City of Mendota Heights, as follows: 1) Conditional Use Permit. The City Council of the City of Mendota Heights grants a conditional use permit (the "CUP��) for a golf driving range and the following variances (the "Variances") which Variances are granted solely for the purpose of accommodating the Use: a. A five foot side yard parking lot setback variance on the North; b. A ten f oot f ront yard parking lot setback variance on the East; c. A twenty-two foot front yard setback variance for the Pro Shop; and d. A thirty-one foot front yard setback variance for the golf canopy. 2) Expiration. The CUP and the Variancea shall terminate, expire and be of no further force and effect upon cessation of the Use. The Use shall be conclusively deemed to have ceased if the Property is not used and open to the public as a golf driving range for any period of 12 consecutive months, Adopted by the City Council of the City of Mendota Heights this 2nd day of February, 1993. By ATTEST ��i K thleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS �� Charles E. Ma.yor � ��-� Mertensotto EXHIBIT 14 The West 180.11 feet of Lots 1 and 2 of LeMay's Re-Arr. of Lots 8-11-12-13-14, LeMay'S Add. and A parcel of land lying in the W 1/2 of Section 34, Township 28, Range 23, more fully described as follows: Beginning at a point which is 428.43 feet South of the North line of U.S. Government Lot 2 and 1002.03 feet East of the West line of said U. S. Government Lot 2; thence South parallel with the West line of said U.S. Government Lot 2, a distance of 895.60 feet to a point on the Northerly right-of-way line of the Chicago, Milwaukee, St. �Paul & Pacific Railroad Company; thence deflect 105 degrees 12 feet left a distance of 518.13 feet, along said Right-of-Way line, to a point; thence North, parallel with the West line of the above mentioned U.S. Government Lot 2 a distance of 906.67 feet; thence East, parallel with aforementioned North line of U.S. Government Lot 2 a distance of 109.35 feet to a point on Westerly right-of- way line of U.S. Trunk Hi.ghway, as now esta.blished; thence deflect left 131 degrees 09 feet along said Westerly right-of- way line a distance of 166.01 feet to a point, which is 428.43 feet South of the North line of U.S. Government Lot 2 and 1502.03 feet East of the West line of said U.S. Government Lot 2; thence West, parallel with North line of said U.S. Government Lot 2 to .the point of beginning, except the West 180.11 feet of Lot 1 and Lot 2 of LeMay's Re-arrangement of Lots 8-11-12-13-14, LeMay's Addition.•