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<br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF ARDEN HILLS <br /> <br />CONDITIONAL USE PERMIT AMENDMENT <br />PC# CASE NO. 08-026 <br /> <br />1.0 Recitals. <br /> <br />A. Soukop Limited Liability Partnership, a Minnesota Limited Liability <br />Partnership ("Soukop") is the record fee owner of the following described <br />property situated in Ramsey County Minnesota: <br /> <br />All that part of the East half of the Southeast quarter of Section 27 <br />Township 30 Range 23 described as follows: Commencing at the <br />East quarter corner of said Section 27; thence running southerly on <br />the East line of said Section 27 for 1 ,297.1 feet; thence run westerly <br />at right angles to said line for 90 feet; thence run northerly and <br />parallel to said line a distance of 250 feet to the place of beginning; <br />thence continuing northerly along said parallel line a distance of <br />125 feet; thence run westerly at right angles to said line a distance <br />of 435.6 feet; thence run southerly at right angles and parallel to <br />said line a distance of 125 feet; thence easterly at right angles a <br />distance of 435.6 feet more or less to the point of beginning <br />("Property") . <br /> <br />B. The Property is located in a B-3 Zoning District and is currently used as a <br />Burger King restaurant pursuant to the regulation of the City of Arden Hills, <br />Minnesota ("Arden Hills") and that certain Special Use Permit issued by <br />the Arden Hills City Council on July 25, 1988 as contained in Arden Hills <br />Planning Case file #88-15 ("Original SUP"). <br /> <br />C. Sometime after 1998 the Arden Hills began referring to a "Special Use <br />Permit" as a "Conditional Use Permit" ("CUP"). <br /> <br />D. Soukop wishes to convert the Burger King fast food restaurant to an <br />Arby's fast food restaurant and to make the necessary site and building <br />improvements ("Improvements"). Soukop has entered into an Agreement <br />or otherwise made arrangements with Franchise Associates, LLC, a <br />Minnesota Limited Liability Corporation to construct the Improvements and <br />to manage the Arby's Fast Food Resturant. <br /> <br />E. On the 15th day of September, Soukop submitted a completed Land Use <br />application for a CUP Amendment ("Application"). <br /> <br />F. At a public hearing on October 1, 2008, the Arden Hills Planning <br />Commission reviewed the Application; the report and comments of the <br />