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18-108CITY OF SHOREWOOD RESOLUTION NO. 18 -108 A RESOLUTION GRANTING A VARIANCE FOR PROPERTY LOCATED AT 19285 STATE HIGHWAY 7 WHEREAS, Hilton Displays, (the "Applicant ") requested a variance for freestanding 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 additional freestanding signage to allow a digital order confirmation 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 by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The subject property is located in a C -1, General Commercial zoning district. 2. Businesses with drive -thru service windows in commercial districts are allowed one menu board with tip to 32 square feet. [KI19mago 1 A. The Applicants have satisfied the criteria for the grant of a variance under the Shorewood City Code and has established practical difficulty as defined by Minnesota Statutes. B. Based upon the foregoing, the City Council hereby grants the Applicant a variance to allow a digital order confirmation sign in the drive -thru as shown on the plans submitted August 21 and September 25, 2018, subject to the following: 1. The applicant must acquire all necessary permits and no construction activity may occur until the permits are issued. 2. The digital order confirmation monitor support and awning may not have any signage on, or attached to, the frame. C. The City Clerk is hereby authorized and directed to provide a certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of November, 2018. ATTEST: �� NII Mal IM will M�= Oil! 113111 1=1 V 111101 0 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. FA" 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 vl (49470.05106.000)