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2016-08CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: January 25, 2016 RESOLUTION NO: 2016-08 MOTION BY: Tiornholm SECONDED BY: McDonald RESOLUTION APPROVING CONDITIONAL USE PERMIT 2016-02 TO OPERATE AN ADULT DAYCARE FACILITY IN THE INDUSTRIAL OFFICE PARK (IOP) DISTRICT WHEREAS, on December 13, 2015, Mount Olivet Rolling Acres made application with the City of Chanhassen for a conditional use permit to operate an adult daycare facility in the Industrial Office Park (IOP) District on property located at 18976 Lake Drive East, legally described as Lot 1, Block 1, Chanhassen East Business Center 41h Addition; and WHEREAS, the Chanhassen Planning Commission held a public hearing on this request on January 5, 2016 and voted 4-0 in favor to recommend the Chanhassen City Council approve the conditional use permit. NOW, THEREFORE, BE IT RESOLVED, the Chanhassen City Council approves Conditional Use Permit 2016-02 to operate an adult daycare facility located at 18976 Lake Drive East; subject to the following conditions: 1. Building permit(s) are required for building code changes and a fire permit for the proposed adult day care. 2. The center shall obtain applicable state, county and city licenses. 3. The center shall submit average annual test results for radon gas and shall comply with all applicable state and federal requirements pertaining to testing and requiring mitigation techniques. 4. The center shall conduct tests of existing noise conditions and submit test results to the city for review. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. If the conditional use is discontinued for six months, the conditional use permit shall become void. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Passed and adopted by the Chanhassen City Council this 25"' day of January, 2016. ATTEST: Todd Ger ardt, City Manager YES Laufenburger Campion McDonald Ryan Tjornholm NO None 2 Denny L fenburger Mayor ABSENT None