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05-040• CITY OF SHOREWOOD RESOLUTION NO.05-040 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A WELL HOUSE BUILDING AT BADGER FIELD WHEREAS, the Shorewood Public Works Department (Applicant) proposes to construct a building at 5755 Country Club Road to house the City's Badger Well and appurtenant equipment; and WHEREAS, the property is legally described in Exhibit A, attached hereto and made a part hereof, and WHEREAS, the Shorewood Zoning Code allows governmental buildings by conditional use permit (C.U.P.) subject to certain conditions; and WHEREAS, the request was reviewed by the City Planner and his recommendations were duly set forth in a memorandum to the Planning Commission, Mayor and City Council, dated 30 March 2005, which memorandum is on file at City Hall; and • WHEREAS, after required notice, a Public Hearing was held and the Applicant's application reviewed by the Shorewood Planning Commission at its regular meeting on 5 April 2005, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at its regular meeting on 25 April 2005, 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 contains approximately 16,345 square feet of land and is zoned C-3, General Commercial. 2. Land uses and zoning surrounding the subject property is as follows: North: Self -serve carwash; zoned C-3 West: Auto repair shop; zoned C-3 South: Badger Field Park; zoned R-1C, Single -Family Residential • East: Southshore Senior Center; zoned R-IC 3. The proposed building is 13 feet in height, and contains 1040 square feet of floor • area. 4. The proposed development of the site complies with building and parking setbacks. • • 5. The proposed site plan for the facility will remove four existing parking spaces, replacing them with a new parking lot on the west side of the building containing nine new spaces. CONCLUSIONS 1. The proposed use of the property is consistent with the Shorewood Comprehensive Plan. 2. The conditional use permit for the Badger Field Well House Facility is hereby granted subject to the following: a. The site shall be landscaped according to the approved landscape plan and the recommendations made by the Shorewood Planning Commission. b. Grading, drainage, utilities and lighting shall be done according to plans approved by the City Engineer. C. The Subject Property shall be legally combined with the Badger Field/City Hall property to the south. d. The City shall commence the process for rezoning the Subject Property from C-3, General Commercial to R-1C, Single -Family Residential. 3. The City Clerk shall provide the City Attorney with a certified copy of this resolution for purposes of recording with the Hennepin County Recorder. 4. This resolution must be recorded within 30 days of the Applicant's receipt of a certified copy hereof. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this h day of April, 2005. WOODY LOVE, MAYOR ATTEST: TOR/CLERK -2- 0 . I a Description of Property Surveyed.' That part of Lot 27, Auditor's Subdivison No. 133, Hennepin County, Minnesota, described as follows: Commencing at the intersection of Smithtown Road and the West line of said Lot 27 extended North of said.Lot 27; thence South a distance of 264.0 feet, thence Easterly and parallel with the centerline of Smithtown Road a distance of 660.0 feet, which is the real point of begining of said land to be described; thence Northerly and parallel with the West line of said Lot 27 a distance of 264.0 feet to the centerline of said Smithtown Road; thence Westerly along the centerline of Smithtown Road a distance of 16.0 feel* thence South and parallel with the West line of said Lot 27 a distance of 165.19 feet; thence Westerly and parallel with the centerline of Smithtown • Road a distance of 150.0 feet; thence South and parallel with the West line of said Lot 27 a distance if 98.81 feet; thence Easterly and parallel with the centerline of Smithtown Road a distance of 165.0 feet to the point of begining. Except road. Exhibit A