12-068CITY OF WOOD
RESOLUTION i
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR TRIPLE B EQUITIES
WHEREAS, Triple B Equities LLC (Applicant), is the owner of the real property located
at 24470 Smithtown Road in the City of Shorewood, County of Hennepin, State of Minnesota,
legally described on Exhibit A, attached; and
WHEREAS, the Applicant proposes to use a portion of the property for an auto
repair business; and
WHEREAS, the Shorewood Zoning Code provides for "auto repair — minor" by
conditional use permit, and the Applicant has applied for a conditional use permit, pursuant to
Section 1201.22 Subd. 4.d. of the Shorewood City Code; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were made in a memorandum, dated 26 September 2012, which
memorandum is on file at 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 2 October 2012, the minutes
of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request for a conditional use permit was considered by the
City Council at a special meeting on 29 October 2012, at which time the Planner's memorandum
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
1. The subject property is located in a C -1, General Commercial zoning
district and is bordered on the north, east and west by commercially zoned
property. The property to the south is zoned for residential use, but is
currently occupied by a golf course.
2. The subject property contains approximately 40041 square feet of area.
3. The existing building on the property contains approximately 7740 square feet of floor
area.
4. The Applicant has previously been granted a conditional use permit to to sell used cars
and display as many as eight cars in front of the existing building.
S. The area proposed for outdoor display does not exceed the floor area of the principle
structure.
6. The proposed auto display area is only visible to adjoining residential property to the
west of the subject property, which property is reasonably well screened from view.
7. The Applicant proposes to lease the easterly 4000 square feet of the building for use as
an auto repair business.
8. The Applicant proposes no additional site lighting other than that which has been
previously approved for the site.
8. The area proposed for outdoor display is paved.
9. The existing building plus the proposed addition requires 22 parking spaces, which
spaces can not be used for outdoor display. The applicant has demonstrated that 22
spaces can be provided beyond the area to be used for display
CONCLUSIONS
A. Based upon the foregoing, the City Council hereby grants the Applicant's
request for a conditional use permit subject to the following:
1. Auto Sales.
a. No temporary signs, banners or other attention - getting devices will be allowed in
conjunction with the sale of used cars on the property, except that cars displayed for
sale may display information as follows:
(1) Legal information required by State laws.
(2) Windshield signage no larger in area than ten percent of the area of the
windshield and limited to the year and price of the car.
b. No signs shall be posted in building windows, and all City sign ordinances shall apply
to the business.
C. The number of cars displayed for sale shall not exceed eight (8). Spaces for cars on
display shall be clearly identified on the site plan as well as on the display area.
d. Hours of operation shall be limited to 8:00 A.M. to 8:00 P.M., Monday through
Saturday. If the City adopts a noise ordinance less restrictive, the ordinance shall
prevail.
e. Cars must be delivered to the site on small trucks or driven in. No on- street loading
shall be allowed.
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I! I I I I I E I I I I I IN Ill! 1 !1 1! 1! 1 1 01 1
a. There will be no sale or dispensing of motor fuel. Sale of motor oil shall be incidental to
repair and oil change services. Storage of new and used motor oil shall be subject to
review and approval by the Excelsior Fire District.
b. The Applicant will submit a landscape plan, subject to review and approval by the
Planning Director, adding vegetation along the rear of the site to buffer the site from
Gideon Glen and residential properties to the north.
C. Signage requires a permit and shall comply with the requirements of the Shorewood
Zoning Code.
d. Outdoor storage is limited to the confines of the existing fence system. In no instance
shall the front parking/auto display area be used for outdoor storage of any kind.
B. That 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 29th day of
October 2012.
CHRISTINE LIZEE, MAYOR
ATTEST:
STRATOR/CLERK
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THAT PART OF • AUDITOR'S i •• iii
HENNEPIN COUNTY, DESCRIBED
BEG AT A PT ON NLY LINE OF SMITHTOWN RD DIS 300 FT WLY AS MEAS ALONG
SAID NLY LINE FROM WLY LINE OF CO RD NO 19 TH CONT WLY ALONG SAID NLY
LINE 73.185 FT TH NLY PAR WITH SAID WLY LINE 196.67 FT TH W PAR WITH N
LINE OF LOT 25 DIS 72.11 FT TH NLY PAR WITH WLY LINE OF CO RD NO 19 TO N
LINE OF LOT 25 TH E ALONG N LINE THOF 144.22 FT TH S TO BEG.
EXHIBIT A
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