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98-009 . . . ~ .. CITY OF SHOREWOOD RESOLUTION NO. _-2~-oQ2. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR BA YSIDE FINANCIAL CORPORATION WHEREAS, Bayside Financial Corporation (Applicant) has an interest in the real property located at 23780 State Highway 7 in the City of Shorewood, County of Hennepin, State of Minnesota, legally described on Exhibit A, attached; and WHEREAS, the Applicants propose to remodel the existing building on the subject property into a retail bank with a drive-in teller facility; and WHEREAS, the Applicants have applied for a conditional use permit, pursuant to Section 1201.21 Subd. 4.a. of the Shorewood City Code; and WHEREAS, Applicants' request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission and City Council, dated 28 May 1997, which memorandum is 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 3 June 1997, the minutes of which meeting are on file at City Hall; and WHEREAS, Applicant's request for conditional use permit was considered by the City Council at their regular meeting on 24 November 1997, 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. 2. That the existing building on the property was originally approved and constructed as a retail bank with drive-in teller facility. 3 . That the building has been converted into an office building, and the Applicant proposes to convert it back to its original use as a bank. 4. That the Applicant's property contains approximately 10,042 square feet of area, in addition to which the easterly driveway and portions of the parking lot for the site are located on easements over adjoining land. 5. That the easements mentioned in 4. above expired at the time the original bank building was converted to office use. 6. That the Applicant proposes to obtain a lease over the previous easement areas in . . . order to maintain the existing parking and circulation on the site. 7. That the Applicant proposes that the conditional use permit would expire upon expiration of any new lease agreement for the driveway and parking area. 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. Prior to occupying the subject property as a bank, the Applicant shall enter into a lease agreement with the adjoining property owner for use of the easterly driveway and parking area on the site, as shown on Exhibit B, attached hereto and made a part hereof. b. That the lease agreement shall be subject to review and approval by the City Attorney. c. That the conditional use permit shall expire upon termination of the lease agreement referenced in a. and b. above. d. That upon expiration of the conditional use permit the Applicant shall immediately cease using the property as a bank with drive-in teller facility. 4. 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 26th day of January 1997. ATTEST: -2- . . . Legal Description "All that part of Lots 13 and 15, Linden Park, Hennepin Co., Minn., and that part of Woodruff Avenue vacated, described as follows: Commencing at a point on the west line of said Lot 13, Linden park, Hennepin Co., MN, which point is located 19.24 feet north of the most Southerly comer of said Lot 13, measured along its said west line; thence south along said west lie and the southerly extension thereof a distance of 100 feet, more or less, to the north Ijght-of-way line of State Highway No.7; thence easterly along said north right-of-way line a ffistance of 100 feet to a point; thence northwesterly along a line parallel to and 100 feet distant from said first described line, a distance of 100 feet, to a point; thence westerly to the point of beginning. AND An easement for vehicular access over the South fifty (50) feet of the West one-half (112) of . Woodruff Avenue as vacated, all in Linden Park." P.I.N. 34-117-23-33-0021 Exhibit A .;.~ /.. .' , , - I .'1 /\ / ,-"" I V - . I j Vc , \ . \ ~ == ..~ \ ~ ....... +E-< . N ~ l:l, 0- \ ):. ~ \ Z~ \ ~ ~ \ /'" ?/If..lO jj!7./pool1 ::t 0 <-\ I \ ' \ ~-~ \" ~ \ CJ \ ') -......J \ -- \ -r r~ ~ 1- ,0(. ~ . \ \ i- ~ \ \ill ~ \ ~\ , \ ~ \ ~ \ <>-0:. 'Q. .'t:: x \ .", ;\ '( "- \1 " ..t::...t "" \ 1\ l~- .... \1 " ~ ~-r- ~\ " ^ ~ l.' ....' <.) ....... ~ .(J ,.. "=.. \u \ " ~ \-- \- / Existing Site Plan <t -f- ... . \- \ E/ fOj Exhibit B '\ I .._.3 I ! t I ~, $. j ~ " ; i