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Resolution 8948 Page 3 WHEREAS, the applicant, MWF Properties submitted a traffic engineering study to the City for its review (dated June 29, 2017), and has obtained Preliminary Plat approval of "Boulevard" (Resolution 8777), and has applied for Final Plat approval of "Boulevard" (pending), and has obtained Development Review approval (Resolution 8778); and, WHEREAS, construction work approved by the Conditional Use Permit (Resolution 875 1) has not begun within one year after the date of CUP approval (May 8, 2017) due to circumstances beyond the applicant's control; and, WHEREAS, the applicant has applied for an extension to the Conditional Use Permit; and, WHEREAS, the Planning Commission has recommended approval of an extension to the Conditional Use Permit (Resolution 1084-18); and, NOW, THEREFORE, BE IT RESOLVED, that the City Council has considered the Staff Report, the Planning Commission recommendation (Resolution 1084-18), criteria for granting an extension to a Conditional Use Permit (Mounds View City Code, Section 1125.01, Subd 3(f) (Lapse of Conditional Use Permit by Nonuse), and public testimony; and, NOW, THEREFORE, BE IT FINALLY RESOLVED, that the City Council approves of this Resolution subject to the following conditions: No development or construction on these properties associated with this Conditional Use Permit shall occur unless a Subdivision and a Development Review have been approved by the City Council, in accordance with the City of Mounds View Municipal Code. All construction shall comply with applicable Rice Creek Watershed District permit requirements. 2. If construction work approved by this Conditional Use Permit has not begun within one year after the date of CUP approval extension, this Conditional Use Permit shall be void. Exceptions: the applicant may apply for an extension at least 30 -days prior to expiration of the Conditional Use Permit, and if the extension is granted by the City Council. Adopted this 23rd day of April, 2018 Attest: (seal) Carole A. Mueller Mayor Nyle Zikmund City Administrator