HomeMy WebLinkAboutItem 06.lSupporting Information
• Corrective Conditional Use Permit form
Frank Dempsey, AICP, Associat Tanner
August 28, 2012 Item No.
CORRECTIVE CONDITIONAL USE PERMIT
SEPTEMBER 4, 2012 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve the corrective conditional
use permit for Four Square Preschool and Day Care as presented.
Adoption of this motion will allow Conditional Use Permit No. 12 -08, which was approved by the
City Council on May 21, 2012, to be recorded against the correct property.
Overview
On May 21, 2012, the City Council approved the conditional use permit for Phil and Amy
Shaver to operate Four Square Preschool and Day Care from Crossroads Methodist Church
located at 17671 Glacier Way. The legal description of the subject property is Lot 1, Block 2,
Crossroads ls` Addition. It was brought to staff's attention by the owner of Lot 1, Block 1,
Crossroads ls` Addition(Dino's Gyros site) that the conditional use permit was recorded against
that property in error. Staff discussed the legal description error with the Dakota County Office
of Taxation and Records who stated that the proper way to correct the error is to have the City
Council approve a corrective conditional use permit. The corrective conditional use permit will
be recorded against both parcels in order to clear the title on Lot 1, Block 1, Crossroads 1st
Addition.
Primary Issues to Consider
Will the lot on which the conditional use permit was erroneously filed now have clear title in
respect to this corrective conditional use permit? City Council approval of the corrective
conditional use permit will clear the title of the conditional use permit on the incorrect lot and
establish the conditional use permit on the correct parcel.
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance
Notes:
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CORRECTIVE CONDITIONAL USE PERMIT TO
CONDITIONAL USE PERMIT NO. 12-08
1. Conditional Use Permit No. 12-08 was erroneously filed with the incorrect legal
description against Lot 1, Block 1, Crossroads 15t Addition, the City of Lakeville hereby
submits the Corrective Conditional Use Permit against Lot 1, Block 2, Crossroads First
Addition and corrects the incorrect recording against Lot 1, Block 1, Crossroads First
Addition.
2. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville
approves a Conditional Use Permit for Phil and Amy Shaver (dba Four Square Preschool
and Day Care) to allow an accessory day care facility at Crossroads Methodist Church.
3. Property. The permit is for the following described property located at 17671 Glacier
Way in the City of Lakeville, Dakota County, Minnesota:
Lot 1, Block 2, Crossroads 1S Addition
4. Conditions. The permit is issued subject to the following conditions:
a) The site and building improvements for the day care use shall be developed
according to the plans approved by the City Council.
b) All permits and requirements of the Minnesota Department of Human Services
shall be met prior to occupancy of the accessory day care facility.
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c) A minimum of one loading space shall be provided in the parking lot and
identified with a sign for the day care facility drop -off and pick -up.
d) The applicant shall obtain and submit to the City a sanitary sewer access unit
determination from the Metropolitan Council Environmental Services prior to the
issuance of a building permit.
e) A building permit is required prior to commencing any construction or
remodeling work.
f) A permit shall be obtained prior to the installation of any permanent or
temporary signage.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of the permit.
5. Lapse. If within one year of the issuance of this permit, the accessory day care
use has not commenced, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a
criminal misdemeanor.
The following instrument was acknowledged before me this 4 day of September,
2012, by Mark Bellows, Mayor and by Charlene Friedges, City Clerk of the City of
Lakeville, a Minnesota municipal corporation, on behalf of the corporation.
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
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Date: September 4, 2012
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
BY:
Charlene Friedges, City Clerk
Notary Public