87-109
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RESOLurICN ID. 109-87
A RESOLurICN DENYING A (XN)ITICNAL USE PERVIIT '10
MARaJS DEVELOHVIENI' CDRPORATICN
WHEREAS, Marcus Development Corporat ion (Applicant) has an
interest in certain real property located at 24365 Smithtown Road in the
City of Shorewood, legally described as follows:
See Exhibit A attached hereto and made a part hereof.
and
WHEREAS, the Applicant has applied to the City for a Conditional
Use Pennit and variances to construct a new Amoco Service Center,
including Mbtor Fuel Sales, Convenience Grocery Store, Auto Service Bay,
and an Au toma tic Car Wash; and
WHEREAS, the subject property is located in a C-3 General
Commercial Zoning District; and
WHEREAS, the location of a service station and car wash within a
general commercial district requires the granting of a Conditional Use
Penni t; and
WHEREAS, the Applicant's application was reviewed by the
Shorewood Planning Commission at a public hearing held on 4 August 1987
and was further reviewed by the Planning Commission on 18 August 1987; and
WHEREAS, after due consideration by the City Council on August
24, 1987, a motion to adopt the resolution denying the requested
Conditional Use Pennit passed with a unanimous vote, and the City Attorney
was directed by the Council to prepare findings and conclusions denying
Applicant's request for a CUP.
rnv, 'lHEREFORE, BE IT RESOLVED by the City Council of the Ci ty of
Shorewood as follows:
FINDINGS OF FACT
1. That Applicant's application for a CUP includes a detailed
proposed site plan for the construction of the service center.
2. That said proposed site plan includes an easterly access and
a westerly access from County Road 19 and an access from Country Club
Road.
3. Upon reviewal of the site plan, the Shorewood City Engineer
recommended closing the westerly access from County Road 19 to prevent
further compounding of the traffic flow in this area.
4. Upon reviewal of the proposed site plan, the Hennepin County
Transportation Planning Engineer recommended closing the most westerly
driveway on County Road 19 to help reduce the number of traffic conflict
points.
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5. The Council has therefore detennined that traffic at the
intersection of Highway 19, Country Club Road, and Smithtown Road,
adjacent to the subject property is conflicting, and two accesses on
County Road 19 would prove unreasonably hazardous.
6. When presented with these reports, the Applicant stated that
if the westerly access on county 19 were closed, he could not proceed with
the development of the project.
cno..USICNS
1. That the Council is required by the Shorewood City Code to
impose any conditions it considers necessary to protect the public health,
safety, and welfare in the grant of a CUP.
2. That the Council has detennined that in order to avoid a
hazardous situation, the westerly access from County Road 19 would have to
be closed as a condition of the granting of a CUP.
3. That Applicant has refused to accept such a condition as a
prerequisite to the grant of a CUP.
4. That the Application of Marcus Development Corporation for a
CUP pursuant to their proposed site plan is therefore denied.
AOOPTED BY '!HE CI'lY CXXJNCIL of the City of Shorewood this 24th day of
. August, 1987.
Robert Rascop, Mayor
A'lTEST:
Sandra L. Kennelly, City Clerk
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