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Res 2013- 19 CUP for 750 Highway 110 Garden CtrCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013-19 A RESOLUTION RENEWING A CONDITIONAL USE PERMIT FOR A TEMPORARY GARDEN CENTER AT 750 HIGHWAY 110 WHEREAS, Linder's Garden Centers, on behalf of Paster Enterprises, has applied for a conditional use permit for a temporary garden center at 750 Highway 110 (PID 27-48401-020- 01; Lot 2 Block 1 Mendota Plaza Expansion) as proposed in planning case 2011-07; and WHEREAS, the Mendota Heights City Council adopted resolution 2011-24 approving the requested conditional use permit on April 5, 2011; and WHEREAS, Linder's Greenhouses faithfully complied with all of the conditions of the conditional use permit; and WHEREAS, Linder's Greenhouses has requested a renewal of the conditional use permit for 2013. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a conditional use permit for a temporary garden center at 750 Highway 110 as proposed in planning case 2011-07 is hereby renewed with the following findings of fact: 1. The temporary garden center, with conditions as recommended, is consistent with the intent of the shopping center development approval. 2. The garden center will be able to be served with existing public utilities and infrastructure 3. The garden center will not interfere with the operation of the shopping center as approved by the city. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the approval is subject to the following conditions: 1. The garden center shall be located as depicted on the submitted site plan. 2. Garden center sales operations shall be allowed from April 15 through July 20, 2013. 3. All equipment associated with the garden center use shall be removed from the premises no later than 10 days from the date garden center closes. 4. Hours of operation shall be from 8:00 a.m. to 8:00 p.m. daily. 5. All signs shall conform to the sign regulations contained in the Zoning Ordinance, including all necessary sign pennits. 6. Fencing shall consist of a fence as shown in the application materials around three sides of the garden center. 7. Trash shall be removed from the garden center area on a daily basis. 8. Any necessary utilities such as electricity and water shall be supplied by the Mendota Plaza Shopping Center. Adopted by the City Council of the City of Mendota Heights this nineteenth day of March 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS ,6z adb Liz Petschel, Acting Mayor ATTEST: o- ) Lorri S u ith, City Clerk Res 2013 -19 page 2