18-116CITY OF SHOREWOOD
RESOLUTION NO. 18 -116
RESOLUTION DENYING A VARIANCE
FOR ADDITIONAL FREESTANDING SIGNAGE FOR
PROPERTY LOCATED AT 19285 STATE HIGHWAY 7
WHEREAS, Hilton Displays, (the "Applicant ") requested a variance for a freestanding
presale signage on property located at 19285 State Highway 7, legally described in Exhibit A;
and,
WHEREAS, the Applicant has applied for a variance to allow all additional freestanding
pre -sale sign; and
WHEREAS, the Applicant's request was reviewed by the planning staff, whose
recommendation is included. in a memorandum for the October 2, 2018 meeting of the Planning
Commission, a copy of which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on October 2, 2018 to
review the application, the minutes of which meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on
October 22, 2018, at which time the planning staff memorandum and the Planning Commission's
recommendations were reviewed and comments were heard by the City Council from the
Applicant and staff, and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shorewood
finds as follows:
FINDINGS OF FACT
The Subject Property is located in the C -1 (General Commercial) zoning district.
2. Businesses with drive -thru service windows in commercial districts are allowed one
menu board with up to 32 square feet in area.
3. Section 1201.05 of the zoning regulations provides that the purpose of a variance is to
allow a process to deviate from the strict provision of the zoning regulations.
4. Section 1201.05 of the zoning regulations provides that in malting the above
determination, the City may consider the circumstances unique to the property and not created by
the landowner.
5. The applicant's proposal is identified on the application materials and plans submitted on
August 21 and September 25, 2018.
6. The traffic level on the adjacent frontage road is currently at LOS F during the a.m. peak
hours.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council
hereby denies the Applicant's request to install a freestanding pre -sale sign.
B. The request for the variance does not meet the criteria for practical difficulties as
it is the result of a self - created hardship that is not unique to the property or any specific tenant
with a drive -thru lane.
C. The request for the variance does not meet the criteria for practical difficulties as
the property owner has reasonable use of the Subject Property without the additional signage.
D. 'The request for the variance does not meet the criteria for practical difficulties as
the Applicant did not adequately define the sign's impact to the wait time in. the drive -thru or the
adjacent roadway or to the essential character of the locality
E. The Applicant was unable to provide assurances that the impact would not
increase congestion in the adjacent public street or be detrimental to the public welfare or
injurious to other improvements in the area.
F. The request for an additional freestanding pre -sale sign in the drive -thru does not
meet the criteria for practical difficulty, the property owner has adequate use of the property
without the additional signage, and consequently, the request does not constitute the minimum
action necessary to relieve a practical difficulty.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of
November, 2018.
Sandie Thone, City Clerk
M
EXHIBIT A
LEGAL. DESCRIPTION OF PROPERTY
Those certain tracts of land situated in the County, of Hennepin, State of Minnesota and more
particularly described below:
Tract A:
That part of Lot 15, Vine Hill, described as follows: Commencing at a point on the east line of said Lot,
distant 375 feet south of the northeast corner of said Lot; thence West perpendicular to said east line,
along a line hereinafter referred to as Line "A" a distance of 188 feet to a point hereinafter referred to as
point "X "; thence continuing West on said Line "A" to the west line of the east 330 feet of said Lot, and
said Line "A" there ending; thence North along said west line of the east 330 feet a distance of 71.9 feet
more or less to the southeasterly line of the right -of -way of State Highway No. 7; thence northeasterly
along said southeasterly line a distance of 124 feet to the actual point of beginning of the land to be
described; thence southeasterly along a line, which if extended would pass through said point "X ", to its
intersection with a line drawn parallel with and distant 20 feet north from said Line "A "; thence East along
said parallel line to said east line; thence North along said east line to the intersection with the
southeasterly line of the right -of -way of State Highway No. 7; thence northwesterly and southwesterly
along said right -of-way line to the actual point of beginning. EXCEPT that part of the east 133 feet of the
above - described property lying north of a line described as follows: Commencing at the northeast corner
of said Lot 15; thence South along the east line of said Lot a distance of 294.59 feet to the point of
beginning of the line being described; thence deflecting right 90 degrees to the west line of said east 133
feet, and there ending.
MWER
Tract B:
Par I: That part of Lot 15, "Vine Hill" described as follows: Commencing at a point on the East line of said
lot, distant 375 feet South of the Northeast corner thereof; thence due West a distance of 197.6 feet to the
actual point of beginning; thence continuing West a distance of 132.4 feet; thence South, along a line
extending to a point 330 feet due East of the Northwest corner of said Lot 15, a distance of 48.1 feet,
thence Northeasterly a distance of 135.7 feet, more or less, to a point on the West line of the East 197.6
feet of said Lot 15, distant 20 feet South from the actual point of beginning; thence North to the actual
point of beginning.
Par 2: The West 14.6 feet of the North 20 feet of the East 197.6 feet of that part of Lot 15, "Vine Hill" lying
South of a line running due West from a point in the East line of said lot distant 375 feet South from the
Northeast corner of said Lot 15.
Par 3: That part of Lot 15, "Vine Hill ", described as follows: Commencing at a point on the East line of
said lot, distant 375 feet South of the Northeast corner thereof; thence due West a distance of 188 feet
to the actual point of beginning of the land to be described; thence continuing West a distance of 142
feet, more or less, to a line drawn parallel to and distant 330 feet West from the East line of said Lot 15
and its extension; thence North along said parallel line'a distance of 71.9 feet, more or less, to the
Southeasterly line of the right -of -way of State Highway No. 7; thence Northeasterly along the
Southeasterly line of said right -of -way of State Highway No. 7 a distance of 124 feet; thence
Southeasterly to the actual point of beginning.
(Certificate of Title No. 1432268)
6460521 v1 (49470,05106.000)