98-107
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CITY OF SHORE WOOD
RESOLUTION NO. 98-107
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR PELICAN CAR COMPANY
WHEREAS, Merlin E. Dewing, representing Pelican Car Company, LLC (Applicant)
proposes to lease a portion of the real property located at 19425 State Highway 7 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 a used car
sales office and outdoor display area; 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 duly set forth in memoranda to the Planning Commission and City
Council, dated 29 October 1998 and 3 November 1998, which memoranda are 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 their regular meeting on 4 November 1998, 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 November 1998, at which time the Planner's
memoranda 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. That the subject property is located in a C-3, General Commercial zoning
district and is bordered on the north, west, and south by commercially zoned
property. The property to the east in the City of Minnetonka is zoned for
residential use.
2. That the subject property contains approximately 18,152 square feet of area and has
frontages on both Vine Hill Road and the service road for State Highway 7.
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3.
That the existing building on the property contains approximately 3000 square feet of
floor area, of which the Applicant proposes to lease 486 square feet as a used car sales
office.
4. That the Applicant proposes to sell late model used cars and display between five and
ten cars at the rear of the existing building.
5. That the area proposed for outdoor display will not exceed the floor area of the
principle structure.
6. That the proposed auto display area is only visible to adjoining residential property on
the east side of Vine Hill Road, which property is reasonably well screened from view.
7. That the Applicant proposes to add landscaping on the east end of the site to enhance
the buffer between the commercial use and the adjoining residential properties.
8. That the Applicant proposes no additional site lighting than that which exists on the
site.
9. That the area proposed for outdoor display is paved.
10.
That the existing building requires 17 parking spaces, which spaces can not be used for
outdoor display.
CONCLUSIONS
1. That based upon the foregoing, the City Council hereby grants the Applicant's
request for a conditional use permit subject to the following:
a. The Applicant must provide a detailed signage plan including all business signs and
traffic control signs to be approved by the City Council. No temporary signs, banners
or other attention-getting devices will be allowed in conjunction with the sale of used
cars on the property.
b. The Applicant must provide a detailed landscape plan, prepared by a registered
landscape architect, which plan shall be subject to review and approval by the City
Council.
c. The Applicant must curb and stripe the existing parking lot in accordance with the plan
shown on Exhibit B, attached hereto and made a part hereof. The parking lot will be
reduced on its east side to comply with the requirements of the Shorewood Zoning
Code.
d. The Applicants must provide cost estimates for all required improvements, including
grading, paving, curbing, striping and landscaping.
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e.
A letter of credit in the amount of 1.5 times the cost estimates is required to guarantee
that site improvements will be completed by I July 1999.
f. No repair of automobiles shall be allowed on the site.
g. Lighting shall be limited to that which currently exists on the property.
h. Cars must be delivered to the site on small trucks or driven in. No on-street loading shall
be allowed.
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 7th day of
December, 1998.
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To
ATTEST:
s C. Hurm, City Administrator/Clerk
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Exhhit ^
Fllo No.: M 2415""6
l1mt pmt of J...-ot 15, Vine Hill, described as follows: Commencing at a point on the East line of
~mid lot, distant 375 feet South of the Northeast corner of said lot; thence West perpendicular to
said Enst line, along n line hereinafter referred to as Line "A" a distance of 188 feet to a point
hereinafter referred to as point "X"; thence continuing West on said Line "A" to the West line of
the East 330 feet of said lot, amI said Linc "A" there emling; thence North along said West line or
the East 330 feet a distance of 71.9 fcct more or less to thc Southeasterly line of the right-of-way
of Statc J Iighway No.7; thence Northeasterly along said Southeasterly \tne a distance of 124 feet
to thc actual point of beginning of the land to be descrihed; thence Southeasterly along a line,
which, if extcnded would pass through said point "X", to its intersection with a line drawn parallel
with and distant 20 feet North from said Line "A"; thence East along said parallel line to said
Emit line; thence North along said East line to said Northeast corner; thence Southwesterly to the
actual point of beginning.
EXCEPT that pmt of the Easl133 feet of said above-described prnj)erly lying North or It line
descrihed mi follows: Commencing <ltthe Northeast corner of said .-Ot 15; thence South along
the East tine of said lot a distance of 294.59 feet to the point of beginning of the line being
described; thence deOecting right 90 degrees to the West line of said Enst 133 feet, and there
ending, according to the plat thereof on file or of record in the o[fice of the County Recorder,
Hennepin County, Minnesota.
Abstract.
Exhibit A
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Dated: December 9, 1998
CERTIFICATION
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
)ss
I, Theresa L. Naab, duly appointed City Deputy Clerk of the City of Shorewood, Hennepin
County, Minnesota, do hereby certify that the foregoing official resolution is a true and correct
copy adopted by the Council of the City of Shorewood and is so recorded in the minutes of a
meeting held on the 7th day of December, 1998.
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Theresa L. Naab, .. / . .
Deputy Clerk