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9.i Resolution 04-17-18-05 Revoking Croix Chiropractic CUP RESOLUTION NO. 04-17-18-05 CITY OF SCANDIA, MINNESOTA REVOKING A CONDITIONAL USE PERMIT FOR CROIX RIDGE CHIROPRACTIC, 21150 OZARK COURT, AND RESCINDING RESOLUTION NO. 05-17-11-02, ADOPTED ON MAY 17, 2011 RESOLUTION NO. 04-17-18-05 RESOLUTION REVOKING A CONDITIONAL USE PERMIT FOR CROIX RIDGE CHIROPRACTIC, 21150 OZARK COURT, AND RESCINDING RESOLUTION NO. 05-17-11-02, ADOPTED ON MAY 17, 2011 WHEREAS, on May 17, 2011, the City Council (the “Council”) of the City of Scandia, Minnesota (the “City”) adopted Resolution No. 05-17-11-02 (the “Prior Resolution”), which approved a Conditional Use Permit (CUP) for Croix Ridge Chiropractic, a chiropractic health care business to be located within an existing structure at 21150 Ozark Court North (the “Property”) and sited in the Village Mixed Use B (VMU- B) zoning district; WHEREAS, the Prior Resolution was recorded at the Office of the County Recorder, Property Records & Taxpayer Services, Washington County, Minnesota (the “County Recorder”), on May 23, 2011, as Document NO. 3842161; WHEREAS, at the time the Prior Resolution was approved by this Council and recorded with the County Recorder, a chiropractic health care business in the VMU-B zoning district required a conditional use permit; WHEREAS, on February 16, 2016, this Council adopted Ordinance No. 169, which amended Chapter Two, Section 2.8 of the City’s Development Code to include “Medical or Dental/Chiropractic/Physical Therapy Offices/Clinics” as allowed uses within the Village Mixe d Use A (VMU-A) zoning district; WHEREAS, pursuant to Chapter Two, Section 2.9(2) of the City’s Development Code, the allowed uses in the VMU-B zoning district are the same as those of the VMU-A zoning district; WHEREAS, City staff has determined the CUP approved by the Prior Resolution for the Property is moot, as a conditional use permit is no longer required for a chiropractic health care business in the VMU- B zoning district; WHEREAS, Minnesota Statutes, Section 462.3595, Subdivision 3, provides that a CUP remains in effect as long as the conditions agreed upon are observed, “but nothing in this section shall prevent the municipality from enacting or amending official controls to change the status of conditional uses”; and WHEREAS, since this Council, pursuant to Ordinance No. 169, changed the status of conditional uses in the VMU-B zoning district, the CUP is superfluous and no longer effective for the Property. NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Scandia, Minnesota, as follows: 1. Revocation of CUP. This Council hereby revokes the CUP for the Property. 2. Prior Resolution Superseded; Recording. The Prior Resolution is hereby superseded and is of no further force or effect. The City Administrator/Clerk is authorized and directed to execute the certification of this Resolution and to record the same with the County Recorder. Approved by the City Council of the City of Scandia, Minnesota this 17th day of April, 2018. _________________________________ ATTEST: Christine Maefsky, Mayor ______________________________ Neil Soltis, City Administrator/Clerk CITY OF SCANDIA, MINNESOTA CERTIFICATION OF RESOLUTION NO. 04-18-18-05 STATE OF MINNESOTA ) ) COUNTY OF WASHINGTON ) SS. ) CITY OF SCANDIA ) I, the undersigned, being the duly qualified and acting Administrator/Clerk of the City of Scandia, Minnesota, certify that I have carefully compared the attached and foregoing Resolution No. 04-17-18-05, “Resolution Revoking a Conditional Use Permit for Croix Ridge Chiropractic, 21150 Ozark Court, and Rescinding Resolution No. 05-17-11-02, Adopted on May 17, 2011,” adopted at a regular meeting of the City Council of the City of Scandia, Minnesota, on April 17, 2018, with the original thereof on file in my office and the same is a full, true and complete transcript thereof. WITNESS My hand officially as such Administrator/Clerk and the corporate seal of the City this ______ day of _______________, 2018. City Administrator/Clerk City of Scandia, Minnesota (SEAL)