21-057 Approving a Conditional Use Permit Amendment, Variance and Site Plan Amendment for Property Located at 24245 Smithtown RoadRESOLUTION 2021-057
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT,
VARIANCE AND SITE PLAN AMENDMENT FOR PROPERTY LOCATED AT 24245
SMITHTOWN ROAD
WHEREAS, Reprise Design, (the "Applicant") proposes to alter the building to accommodate
two automatic wash bays and two manual wash bays within the existing building on property
legally described as:
That part of Lot 27, Auditor's Subdivision Number One Hundred Thirty-three (133),
Hennepin County, Minnesota, lying within a tract of land described as follows:
Commencing at the intersection of the center line of Smithtown Road, and the west line
of said Lot 27 extended north of said Lot 27; thence south a distance of 165.19 feet;
thence Easterly and parallel with the center line of Smithtown Road a distance of 645.0
feet, which is the real point of beginning of the land to be described; thence northerly
parallel with the west line of said Lot 27 a distance of 165.19 feet to the center line of the
said Smithtown Road; thence Westerly along the center line of the Smithtown Road a
distance of 150.0 feet; thence south parallel with the west line of said Lot 27 a distance
of 165.19 feet; thence easterly parallel with the center line of said Smithtown Road a
distance of 150.00 feet to the real point of beginning of the land described herein.
Hennepin County, Minnesota.
WHEREAS, the Applicant has applied for a conditional use permit amendment, a variance to
the required stacking, and a site plan amendment for various outside improvements as shown
on the plans submitted March 23 and 24, 2021; April 8 and 16, 2021; and May 13, 2021; and
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the May 4, 2021 Planning Commission meeting, a copy of
which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on May 4, 2021 to review the
application, the minutes of the meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on
May 24, 2021, 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, staff and public.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA FINDS AS FOLLOWS:
FINDINGS OF FACT
1. The subject property is located in the C-1 zoning district, which allows commercial car
washes (drive -through, mechanical and self-service) as a conditional use subject to multiple
conditions and Chapter 1201.04 Subd. 1. d. of the zoning regulations which requires projects to
be reviewed by the Planning Commission and approved by the City Council.
2. The subject property is subject to Chapter 1201.03 Subd. 17 of the zoning regulations,
which requires review of site alterations to be reviewed by the Planning Commission and
approved by the City Council.
3. The subject property is subject to Chapter 1201.03 Subd. 5 of the zoning regulations,
which requires 10 parking spaces for automatic drive through, serviced car washes, or one
space for each employee on the maximum shift, whichever is greater.
4. The applicant has proposed to: 1) mill and overlay the parking lot; 2) add a drop-off area
on the west side of the building by widening the sidewalk and altering the grades of the drive -
aisle for handicapped accessibility; and 3) add surmountable curb to the south end of the
parking area to allow snow storage near the stormwater treatment pond.
5. 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 when there are
practical difficulties, and the action is the minimum to alleviate the practical difficulties.
6. Section 1201.05 of the zoning regulations provides that in making the above
determination, the City may consider the circumstances unique to the property and not created
by the landowner.
7. Section 1201.05 of the zoning regulations provides that in making the above
determination, the City may consider the impact to surrounding properties and to public
services.
8. The Applicant's proposal is identified on the application materials and plans submitted
on March 23 and 24, 2021; April 8 and 16, 2021; and May 13, 2021.
CONCLUSIONS
A. The City Council specifically finds that the Applicant's request for a conditional use
permit amendment to revise two manual car wash bays to two automatic car wash bays is
consistent with the standards listed in the zoning regulations, subject to the conditions listed
herein.
B. The City Council specifically finds that the Applicant's request for a site plan amendment
to alter the site, including revising the entry into the car wash bays is consistent with the
standards listed in the zoning regulations, subject to the conditions listed herein.
C. The City Council specifically finds that the Applicant's request for a variance to the
required parking to provide one space where the ordinance requires 10, is consistent with the
variance standards listed in the zoning regulations and specifically finds that the use of a
building to allow two car wash bays to be used for an automatic car wash is a reasonable use
not completely considered within the existing parking regulations and that the application has
shown practical difficulties in complying with the regulations due to the size of the site and the
type of car wash proposed, is not likely to impact essential character of the locality and is the
minimum action necessary to alleviate practical difficulties, subject to the conditions listed
herein.
D. Prior to beginning any construction at the property, the applicant shall acquire all
necessary permits subject to conformance with city code, the Engineer's memo dated April 30,
2021, the Fire Marshall's memo dated May 3, 2021 and the following:
1. Prior to issuance of a building permit for the project, the applicant shall alter the
plans/submit the following information, as follows:
a. Amend the lighting plan to include full -cut off fixtures and a conforming number of
lumens per square foot of impervious surface coverage.
b. Submit an executed development agreement and the related financial
guarantees.
c. Provide plans to connect to connect to public water and pay the connection fee.
E. The doors must be closed while the wash and dry operations in the automatic bays are
in operation.
F. The site shall remain striped as shown on the plan submitted May 13, 2021.
G. No stacking for the car wash shall occur in the public right-of-way. Should the City
document stacking occurring in the public right-of-way, the applicant is required to close the
westerly access to the site.
H. The site shall remain in conformance with Chapters 1201.03 Subds. i. (glare), m (noise),
n (refuse), and v. (lighting).
The business hours shall be limited from 6:00 a.m. to midnight seven days a week.
J. The approvals shall expire in one year if the applicant has not completed or utilized the
conditional use permit amendment, unless an extension is requested in conformance with
Chapter 1201.04 Subd. 3. c. of the zoning regulations.
K. 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, MINNESOTA
this 24th day of May, 2021.
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Je ife Labadie, Mayor
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Sandie hone, City Clerk