Resolution - #12-06-094 - 06/26/2012

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Mayor Ramsey introduced the following resolution and moved for its adoption: A RESOLUTION APPROVING THE ASSIGNMENT OF A CONDITIONAL USE PERMIT TO MSM AUTO LLC TO CONDUCT MOTOR VEHICLE SALES IN THE B -2 BUSINESS DISTRICT AND DECLARING TERMS OF SAME: WHEREAS, Tris Star Enterprise, hereinafter referred to as the "Permittee" has properly applied for a Conditional Use Permit to conduct motor vehicle sales in the B -2 Business District on the property generally known as 6740 Highway 10 NW and legally described as follows: Lot 3, Block 1, Riverside West, Anoka County, Minnesota, subject to easement of record. ( "Subject Property ") AMENDED RESOLUTION #12 -06 -094 11 1111 111 11 11111 11111 11111 11111 11111 1111 11 11 Record ID 2515469 509577.007 WHEREAS, Lakeview Development Inc. of Minnesota is the fee title owner of the Subject Property; and WHEREAS, the Planning Commission met on July 7, 2011, conducted the public hearing and recommended City Council approval of the request; and WHEREAS, Resolution #11- 07 -130B was approved by the Ramsey City Council on July 26, 2011, which resolution granted a conditional use permit to Tris Star Enterprise for operation of motor vehicle sales on the Subject Property; and WHEREAS, Tris Star Enterprises has failed to proceed with the Conditional Use Permit (the "CUP ") and act upon the use permitted by its resolution; and WHEREAS, MSM Auto LLC desires to undertake the same use on the Subject Property, which was permitted by the CUP; and WHEREAS, Less than one (1) year has transpired since the issuance of the CUP and thus, the CUP has not expired as outlined in City Code Section 117 -51 (Conditional Use Permits); and WHEREAS, Pursuant to State Statutes, conditional use permits run with the land and not with the Permittee; and WHEREAS, Lakeview Development Inc. of Minnesota, as the fee title owner of the Subject Property, states that it agrees with assigning this CUP to MSM Auto LLC and further Lakeview Development Inc. of Minnesota states it does not have a lease with Tris Star Enterprise for use of the Subject Property.