13-080CITY OF SHOREWOOD
RESOLUTION NO. 13 -080
A RESOLUTION GRANTING AN INTERIM CONDITIONAL USE PERMIT
FOR JAMES STEINWAND
WHEREAS, American Legion Post #259 (Owner) is the owner of real property located at
5680 County Road 19 (Subject Property) in the City of Shorewood, County of Hennepin, State
of Minnesota, legally described on Exhibit A, attached; and
WHEREAS, James Steinwand, (Applicant) proposes to lease the Subject Property for use
as a bicycle repair, sales and rental business; and
WHEREAS, the Subject Property is zoned for commercial use, for which the
Shorewood Zoning Code requires certain site improvements as a condition of occupancy;
and
WHEREAS, the Owner proposes to make use of the Subject Property on a short-
term basis, pending ultimate redevelopment of the site at a later date; and
WHEREAS, the Shorewood Zoning Code provides for Interim Conditional Use Permits
which provide a mechanism for allowing changes to nonconforming properties contingent upon
a plan for cessation or correction of said nonconfonnities within a specified period of time; and
WHEREAS, the Applicant has requested an Interim Conditional Use Permit, allowing
him to renovate and occupy the existing building on the Subject Property without having to
make certain improvements to the site until the viability of the proposed business can be
established; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission, Mayor
and City Council, dated 1 November 2013, which memorandum is on file at the Shorewood
City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at its regular meeting on 5 November 2013, the
minutes of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request for an Interim Conditional Use Permit was
considered by the City Council at their regular meeting on 25 November 2013, at which time the
Planner's comments and the minutes of the Planning Commission were reviewed and comments
were heard by the Council from the City staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as
follows:
FINDINGS OF FACT
The Subject Property is located in a C -1, General Commercial zoning district and
contains approximately 13,403 square feet of area.
2. The Subject Property is currently occupied by a building that was previously used as a
convenience store and gas station.
3. Existing pavement on the property, previously used for parking and circulation does
not conform to current requirements of the Shorewood Zoning Code.
4. The Subject Property is located within the boundaries of the Smithtown Crossing
Redevelopment Area and the County Road 19 Corridor Study.
CONCLUSIONS
A. Based upon the foregoing, the City Council hereby grants the Applicant's
request for an Interim Conditional Use Permit subject to the following:
1. This approval shall extend for three years, after which the Subject Property will
be reviewed for its relationship to redevelopment activity in the Smithtown
Crossing redevelopment area. If redevelopment is not imminent at that time,
the permit would be extended for an additional two years, after which the
parking lot shall be brought into conformity with the Shorewood Zoning Code.
The existing parking lot shall be patched and striped by l .Tune 2014, based
upon the plan prepared by his landscaper, which plan is attached hereto as
Exhibit B.
Landscaping shall be installed, based on the plan attached as Exhibit B, except
that the plantings located directly behind the building are not required at this
time. Landscaping improvements shall be completed by 1 .Tune 2014.
4. Signage for the proposed use will be subject to the requirements of the
Shorewood Zoning Code.
5. Prior to occupancy of the property the Applicant shall make the improvements
fisted in 2. and 3. above, or provide a financial security to guarantee that the
improvements will be made by 1 June 2014. The financial security shall
consist of a cash escrow or letter of credit for one and one -half times the
amount of bids submitted by the Applicant's pavement and landscape
contractors.
6. Any proposed outdoor storage, display or service on the Subject Property shall
be subject to a separate conditional use permit, pursuant to Section 1201.22
Subd. 4.g. of the Shorewood Zoning Code.
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The use of the property is subject to Section 1204.04 Subd. 4. of the
Shorewood Zoning Code.
B. That the City Clerk is hereby authorized and directed to provide a certified copy
of this Resolution and the Interim Use Agreement for filing with the Hennepin County Recorder
or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of
December 2013.
ATTEST:
Jeafi Panchyshyn, Citytlerlk
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Sco Zerby, May r
LEGAL (PER DOC. NO. 5868728):
THAT PART OF LOT 25, AUDITORS SUBDIVISION NO. 133, HENNEPIN
COUNTY, MINNESOTA, DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT IN THE SOUTHEAST CORNER OF SAID LOT 25 AT THE
INTERSECTION OF OLD STATE HIGHWAY NO. 7 AND HENNEPIN COUNTY
HIGHWAY NO. 19, ALONG, ADJOINING, AND PARALLEL TO SAID COUNTY
HIGHWAY NO. 19 IN A NORTHERLY DIRECTION 150 FEET TO A POINT;
THENCE IN A SOUTHWESTERLY DIRECTION 100 FEEL' ON A LINE
PARALLEL TO OLD STATE HIGHWAY N0, 7 TO A POINT; THENCE IN A
SOUTHERLY DIRECTION 150 FEET ON A LINE PARALLEL TO COUNTY
HIGHWAY NO. 19 TO A POINT ON THE RIGHT -OF -WAY OF OLD STATE
HIGHWAY NO. 7; THENCE IN AN EASTERLY DIRECTION 100 FEET
PARALLEL TO OLD STATE HIGHWAY NO. 7 TO THE POINT OF
BEGINNING.
EXCEPT THE FOLLOWING
(MEMORIALIZED ON CERTIFICATE OF TITLE NO. 697194)
THAT PART OF THE ABOVE- DESCRIBED PARCEL WHICH LIES EASTERLY
AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF
HENNEPIN COUNTY STATE AID HIGHWAY NO. 19, PLAT 57, ACCORDING
TO THE DULY RECORDED PLAT THEREOF AND THE SOUTHERLY LINE OF
SAID LOT 25; THENCE RUN SOUTHWESTERLY ALONG SAID SOUTHERLY
LINE OF SAID LOT 25 ON AN ASSUMED BEARING OF SOUTH 80
DEGREES 20 MINUTES 30 SECONDS WEST FOR A DISTANCE OF 218.59
FEET TO THE ACTUAL POINT OF BEGINNING OF THE LINE BEING
DESCRIBED; THENCE NORTH 9 DEGREES 39 MINUTES 30 SECONDS
WEST FOR 4,04 FEET; THENCE NORTH 81 DEGREES 17 MINUTES 59
SECONDS EAST FOR 93.62 FEET TO A POINT ON A NON- TANGENTIAL
CURVE, CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 472.00
FEET AND A CENTRAL ANGLE OF 17 DEGREES 24 MINUTES 05
SECONDS; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 143,35 FEET, SAID ARC SUBTENDED BY A CHORD
BEARING NORTH 68 DEGREES 52 MINUTES 07 SECONDS EAST AND
SAID LINE THERE TERMINATING.
Exhibit A