13-052CITY OF SHORE WOOD
RESOLUTION NO. 13 -052
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR SHOREWOOD CENTER LLC (LUCKY'S STATION)
WHEREAS, Shorewood Center LLC, doing business as Lucky's Station #7 (Applicant)
is the owner of the real property located at 24365 Smithtown Road in the City of Shorewood,
County of Hennepin, State of Minnesota, (the Property) legally described as:
"Lot 1, Block 1, Senn Addition"; and
WHEREAS, the Property is currently occupied by a convenience store, six gas
pumps, three auto service bays and an automatic car wash; and
WHEREAS, the Applicant proposes to convert the automatic car wash portion of the
property into an auto detailing center; add an outdoor sales /display area; and provide for
outdoor sales of seasonal products (e.g. Christmas trees, plant sales, and fruit and vegetable
sales); and
WHEREAS, the Shorewood Zoning Code provides for minor automotive service, and
outdoor sales and display by conditional use permit, and the Applicant has applied for a
conditional use permit, pursuant to Section 1201.22 Subd. 4.d. and g. of the Shorewood City
Code; and
WHEREAS, the Applicant's request was reviewed by the Planning Director, and his
recommendations are set forth in a memorandum, dated 2 August 2013; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at its regular meeting on 6 August 2013, 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 its regular meeting on 26 August 2013, at which time the Planning Director'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
The Property is located in a C -1, General Commercial zoning district and is
bordered on the north and east by commercially zoned property. The
property to the west is zoned for residential use and is currently occupied by
a golf course. The property to the south is zoned for residential use and is
occupied by the Shorewood City Hall and Badger Park.
2. The Property contains approximately 61,645 square feet of area.
The Applicant proposes to display items for sale in front of the existing building and to
conduct outdoor sales of seasonal items, such as Christmas trees, plants and fruits and
vegetables.
4. The areas proposed for outdoor sales and display will not exceed the floor area of the
principle structure.
With the exception of lighting for Christmas tree sales, the Applicant proposes no
additional site lighting other than that which has been previously approved for the site.
6. That the areas proposed for outdoor display and outdoor seasonal sales are surfaced
with concrete.
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. Outdoor display of day -to -day items for sale shall be limited to the concrete
sidewalk area in front of the building and, except for ice machines and propane
tank exchange racks, shall not be stacked higher than the bottom of the front
windows. In no case shall items for sale be stacked in front of the property or
on pump islands.
2. Signage associated with outdoor display of items for sale shall be kept to a
minimum, with lettering limited to lettering no higher than three inches in
height, so as not to be read from the street.
3. Seasonal sales items shall be limited to the concrete pad area on the east side of
the site and shall not encroach into existing parking spaces. Any temporary
structures associated with seasonal sales shall comply with building setbacks
and shall be subject to review and approval by the Planning Commission.
4. Signs associated with seasonal sales shall be limited to one sign per activity and
shall be limited in size by the conditions of the existing multiple sign
conditional use permit in effect for the Property.
5. Lighting associated with seasonal sales shall be kept low in height and must be
turned off by 10:00 P.M.
6. There shall be no outdoor storage or display of tires or car parts. Vehicles
waiting for parts or servicing shall not be stored on the site for a period
exceeding 48 hours. Commercial vehicles and trailers shall be stored behind
the south side of the building.
-2-
At such time as the Applicant chooses to convert the auto detailing business
back to a car wash, it shall be operated in compliance with Section 1201.22
Subd. 4.c. of the Shorewood City Code.
B. Approval of the conditional use permit is subject to Applicant's compliance
with the provisions contained in Sections 1201.22 4.d. and g. of the Shorewood City Code.
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 26th day of
August 2013.
ATTEST:
/fin -G✓
Jean Panchyshyn, CityTlerk
-3-
Sco - erby, 4a ,Jr