01-044• CITY OF SHORE WOOD
RESOLUTION NO.01-044
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR SMITHTOWN MOTORS
WHEREAS, Triple B Equities LLC, doing business as Smithtown Motors, (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 the outdoor
sales and display of used cars; and
WHEREAS, the Shorewood Zoning Code provides for outdoor sales and display by
conditional use permit, and the Applicant has applied for a conditional use permit, pursuant to
Section 1201.21 Subd. 4.e. of the Shorewood City Code; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were made verbally at the public hearing held on 3 July 2001; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 3 July 2001, 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 their regular meeting on 23 July 2001, at which time the Planner's comments 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 subject property is located in a C-3, 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.
The existing building on the property contains approximately 4000 square feet of floor
area, to which the Applicant has received approval to add an additional 3740 square
feet of floor area.
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4. The Applicant proposes to sell used cars and display as many as eight cars in front of •
the existing building.
S. The area proposed for outdoor display will 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 no additional site lighting other than that which has been
previously approved for the site.
8. That 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
1. Based upon the foregoing, the City Council hereby grants the Applicant's
request for a conditional use permit subject to the following:
• 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.
e. Cars must be delivered to the site on small trucks or driven in. No on -street loading
shall be allowed.
Lighting for the property shall be as previously approved by the City.
g. No repair of automobiles shall be allowed on the site.
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• 2. 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 23rd day of
July 2001.
ATTEST: WOODY LOVE, MAYOR
, CITY ADMINISTRATOR/CLERK
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Exhibit "A": Legal Description of The Property
That part of Lot 25, Auditor's Subdivision Number One Hundred Thirty Three (133),
Hennepin County, Minnesota, described as follows: Commencing at the point of
intersection of the North line of the Smithtown Road with the West line of County
Highway No. 19; thence Southwesterly along the North line of said Smithtown Road a
distance of 300 feet to a point which is the actual point of beginning of the tract
of land to be herein conveyed; thence continuing along said North line of Smithtown
Road in a Southwesterly direction a distance of 73.185 feet to a point; thence
Northerly and parallel with the West line of said County Highway No. 19, a distance
of 196.67 feet; thence Westerly on a line parallel with the Northerly line of said
Lot 25 a distance of 72.11 feet; thence Northerly and parallel with the West line of
said County Highway No. 19 a distance of 182.47 feet; thence Easterly on a line
parallel with the Northerly line of said Lot 25 a distance of 144.22 feet; thence
Southerly a distance of 366.04 feet to the point of beginning. Abstract Property.
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Exhibit A