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96-027 . . . CITY OF SHOREWOOD RESOLUTION NO. ~.=.27_ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND A DRIVEWAY SETBACK VARIANCE FOR CAMP COFFEE WHEREAS, Stephen Bauer and Stephen Whitehill (Applicants) have an interest in the real property located at 19215 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 coffee shop; and' WHEREAS, the Applicants have applied for a conditional use permit, pursuant to Section 1201.21 Subd. 4.c. of the Shorewood City Code, and a setback variance for the distance between his access drive and the street intersection; and WHEREAS, Applicants' request was reviewed by the City Planner, and his recommendations were duly set forth in memoranda to the Planning Commission and City Council, dated 27 December 1995 and 8 February 1996, 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 2 January 1996, the minutes of which meeting are on file at City Hall; and WHEREAS, Applicant's request for conditional use permit and a variance was considered by the City Council at their regular meeting on 11 March 1996, 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 City Zoning Code requires a sixty-foot setback between access drives and street intersections. 3 . That the access on the east side of the site is currently unconfined and the Applicants propose to create one access drive on Vine Hill Road which will comply more closely with City Code requirements. 4. That the Applicants' property contains approximately 13,598 square feet of area and is irregularly shaped due to the location ofthe State Highway 7 right-of-way. 5 . That the Applicants propose to remove approximately one half of the existing building, remodel the remainder into a coffee shop and construct a drive-up window facility on the east side of the building, as shown on his proposed site plan, Exhibit B, attached. . 6. That the Applicants propose to remove 24 feet from the existing building in order to reduce parking demand, provide additional parking spaces and improve vehicular circulation. 7. That the Applicants propose to confine site access on the Vine Hill Road side of the property to one driveway no wider than 24 feet. 8 . That the Applicants propose to construct a landscaped berm between the building and Vine Hill Road. 9. That the Applicants' parking lot does not currently comply with setback requirements and encroaches into the public right-of-way. 10. That the proposed site plan proposes to bring the parking lot into compliance with zoning requirements, including curbing and striping. CONCLUSIONS 1 . That the Applicants have satisfied the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.375, Subd. 6(2). 2. That based upon the foregoing, the City Council hereby grants the Applicants' request for a variance as set forth above. . 3. That based upon the foregoing, the City Council hereby grants the Applicants' request for a conditional use permit subject to the following: a. The Applicants must provide a detailed signage plan including all business signs and traffic control signs to be approved by the City Council. b. The Applicants 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 Applicants must provide cost estimates for all required improvements, including grading, paving, curbing, striping and landscaping. d. A letter of credit in the amount of 1.5 times the cost estimates is required to guarantee that site improvements will be completed. e. Grading and drainage must be approved by the City Engineer. f. The trash dumpster must be enclosed with a masonry wall. g. In order to maintain the classification of restaurant, products served on the premises must be served on nondisposable dishes. Dish washing facilities must be included in the Applicants' building permit plans. h. Hours of operation are limited as follows: . Monday - Friday: Saturday Sunday 6:30 AM to 9:00 PM 7:00 AM to 10:00 PM 7:00 AM to 8:00 PM - 2 - . . . 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 25th day of March 1996. ~~ Kristi tover, Acting Mayor ATTEST: - 3 - . LEGAL DESCRIPTION: . "That part of the East 133 feet of the following described property: That part of Lot 15, Vine Hill, described as follows: Commencing at a point on the East line of said Lot, distant 375 feet South of the Northeast comer of said Lot; thence West perpendicular to said East line, along a 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, and said Line "A" there ending; thence North along said West line of the East 330 feet a distance of 71.9 feet more or less to the Southeasterly line of the right-of-way of State Highway No.7; thence Northeasterly along said Southeasterly line a distance of 124 feet to the actual point of beginning of the land to be described; thence Southeasterly along a line, which if extended 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 East line; thence North along said East line to said Northeast comer; thence Southwesterly to the actual point of beginning, lying North of a line described as follows: Commencing at the Northeast comer of said Lot 15; thence South along the East line of said Lot a distance of 294.59 feet to the point of beginning of the line being described; thence deflecting right 90 degrees to the West line of said East 133 feet, and there ending." . Exhibit A . ~.J\' '~ ~r;; ~. ~A~) Grl.,.,tJ .. I UMOVe. f:t:. fV/ ~ffl./?T, I~'(;A - COI-JV, fNp. ii, c" . GI:hI;; 0 po "" ~ ,;;;,1: "rtt} t4 - Ci~~t? , PINe (),Vj f CONv (,JJ~ ~ &:'6 vJ ,;~n.,t( , vllJCS . ~/(:.I N (, ~H ~~'J T'1"') ,A.~~A @GfT J::.I I ~ ~( H K A 'IN'C' ARCHITECTURE. PLANNING .07, WASHINGTON AVE. 80. SUITE 20a I MINNEAPOLIS loiN SS" 15 /' -. I hereby certify that this plan, specification,or report was prepared by me or under my direct supervision and that I am a duly Registered Architect ~.. 1.-"4~ P~of't)S~O SC;~ 104 A-nC S I~ pt.,... AN ..~. ,.,"..A....."...Fi.\. ".. . ",,: \.... ...M ~ COFfE~!E .. ..~:_~:.:t'. -. "-. :FresK) '1t Exhibit B