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Res 2009- 84 CUP for Retail Sales @ 2300 Pilot KnobCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 09 -84 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR RETAIL SALES AS AN ACCESSORY USE IN THE I DISTRICT AT 2300 PILOT KNOB ROAD WHEREAS, David Kutoff has applied for a conditional use permit for retail sales as an accessory use in the I district at 2300 Pilot Knob Road [Lot 1 Block 1 Mendota Heights Business Park; PID 27- 48270 - 010 -01] as proposed in Planning Case #09 -34; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on September 22, 2009; and WHEREAS, The Planning Commission recommended that the Council approve the conditional use permit for retail sales as an accessory use in the I district as presented to the Planning Commission on the evening of September 22, 2009 and as shown in Planning Case #09 -34; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a conditional use for retail sales as an accessory use in the I district as proposed in planning Case #09- 34 is hereby approved with the following conditions: 1. At least 11 parking stalls shall be provided for the retail sales portion of the business. 2. Any proposed signage shall meet the Ordinance requirements and receive proper permitting approval from the City prior to installation /construction. 3. Any proposed landscaping and /or screening shall meet the Ordinance requirements and receive approval from the City prior to installation. 4. The applicant must comply with the 5 PM closing time, or an amendment to the Ordinance stipulating the allowed hours of operation is needed being the applicants are looking to stay open until 7 PM. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that a conditional use for retail sales as an accessory use in the I district as proposed in planning Case #09 -34 is hereby approved with the following findings of fact: 1. The proposed use will not have a detrimental effect on the health, safety and welfare of the surrounding lands and community. 2. The accessory use will not influence traffic conditions or parking facilities on adjacent streets. 3. The proposed use is consistent with the general purpose and intent of the Comprehensive Plan and Zoning Ordinance. 4. The retail sales use will not seriously depreciate the surrounding property value. Adopted by the City Council of the City of Mendota Heights this 6 "' day of October, 2009. ATTEST: IC �� Kath een M. Swanson, City Clerk