84-029A
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RESOLUTION NO. 29A-84
WHEREAS, Ed Flaherty, doing business as Rapid Oil Change, has
requested a setback variance for the construction of a Rapid Oil Change
garage and a Conditional Use Permit (CUP) to allow a caretaker residence
on property known as Vine Hill Florist; and
WHEREAS, a public hearing on the CUP was held before the Planning
Commission, and the Planning Commission recommended approval of the CUP;
and
WHEREAS, a public hearing on the variance was held before the
City Council at regular meetings on February 13, 1984, and February 27,
1984; and
WHEREAS, at a regular meeting of the City Council on March 12,
1984, the City Attorney was directed to draw a resolution denying said
variance; and
WHEREAS, the applicant has since presented an alternative site
plan for the property which he states would meet the requirements of the
ordinance but would be far less appropriate and has asked the City Council
to reconsider the requested variance, and the City Council has therefore
reconsidered the Applicant's request.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood, as follows:
FINDINGS OF FACT
1. That the site contains approximately 20,000 square feet and
is zoned C-3.
2. T hat there is presently located on the site the remains of
the Vine Hill Florist shop and Naegele billboard.
3. T hat the surrounding land uses and zoning are as follows:
(a) to the west a mini-storage, zoned C-1; (b) to the north, State
Highway 7; (c) to the east a Burger King Restaurant, zoned C-3; (d) to
the south, single family residences, zoned R-1.
4. T hat the required setbacks for the property are:
BUILDING
Front yard
Rear yard
Side yard
o feet
50 feet
o feet
PARKING
Front yard
Rear yard
Side yard
LOT
15 feet
50 feet
5 feet
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.
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5. That the original requested variance was to reduce the rear
yard setback from 50 feet to 14 feet for the construction of the parking
lot, and the reduction from 50 to 47 feet for the rear yard setback on the
existing office/apartment building.
6. T hat no one from the public spoke in favor of or against the
project.
7. T hat applicant amended his application to a requested
variance to reduce the rear yard setback to 23 feet and agreed to add
additional evergreen landscaping on the rear of the building, additional
landscaping on the front of the building, to change the style of the
building to take off the "wing," and to paint the building brown rather
than white with multi-colored stripes.
8. T hat applicant claims a hardship by reason of the shape of
the lot, which is narrow with the length of the lot running along the
frontage of the road. Applicant argues that by reason of the 50-foot
setback from the residential property, it makes a great portion of the lot
unusable.
9. T hat applicant established that the two adjacent residential
lots are very long and narrow with the homes located thereon more than 300
feet from the commercial property.
10. That applicant demonstrated a plan by which the requested
use for the property could be located on the property without the granting
of any variances, but it appears that such a plan is not the best way to
design the building on the lot.
11. That due to the proposed use and configuration of the lot,
the site plan proposed by the applicant would appear to be the most
appropriate and the most reasonable use of the property.
12. That the applicant has established undue hardship and has
satisfied the criteria for the grant of a variance and CUP under the
appropriate sections of Minnesota Statutes and Shorewood City Ordinances.
CONCLUSIONS
That based upon the foregoing, the City Council hereby grants the
Applicant's request for a twenty-seven foot rear yard setback variance and
a CUP for a caretaker residence, subject to the following conditions:
1. T hat minimum setback of new construction be 50 feet from rear
lot line and a 23 foot setback be maintained for the parking lot.
2. T hat there is a 47 foot setback for existing building.
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3. That a CUP for "caretaker residence" be granted subject to
the requirements of Ordinance No. 152.
4. That the existing billboard sign be removed by June 30, 1990.
5. T hat added landscaping be provided.
6. That signage be limited to no more than 10% of the total
building silhouette (both buildings) as viewed from the street.
7. That natural color tones of decorative masonry be used for
building and approved building configuration.
8. That drainage plans be approved by City Engineer and MnDOT
Engineers.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 29th day of May,
1984.
Robert Rascop, Mayor
ATTEST:
. Sandra L. Kennelly, City Clerk
Roll Call Vote:
Ayes - Haugen Gagne, Rascop, Shaw
Nays - Stover
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