94-064
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CITY OF SHOREWOOD
RESOLUTION NO. 94 - 6 4
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
AND A DRIVEWAY SETBACK VARIANCE
FOR THE VINE HILL MARKET
WHEREAS, James Pyle (Applicant) is the owner of 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 Applicant proposes to install motor fuel pumps on the west side of the
property; and
WHEREAS, the Applicant has 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, Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 1 July
1994, 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 5 July 1994, 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 25 July 1994, at which time the Planner's
memorandum 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 Applicant
proposes to create two access drives which comply more closely with City (ode requirements.
4. That the Applicant's property contains approximately 13,598 square feet of area and
is irregularly shaped due to the location of the State Highway 7 right-of-way.
5 . That the Applicant proposes to add on two fuel pump islands and canopy roof to the
west of the existing building, as shown on his proposed site plan, Exhibit B, attached.
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6. That the Applicant proposes to remove 12 feet from the existing building in order to
reduce parking demand and improve vehicular circulation.
7. That the existing access drive on the north side of the site promotes cut-through
traffic on the site and its grade is steep.
8. That the Applicant's site plan proposes to eliminate the access drive on the north
side of the site.
9. That the Applicant's 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 Applicant has 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 Applicant's
request for a variance as set forth above.
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3. That based upon the foregoing, the City Council hereby grants the Applicant's
request for a conditional use permit subject to the following:
c.
d.
e.
f.
g.
h.
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a. The Applicant must provide a detailed signage plan including all business signs and
traffic control signs to be approved by the City Council.
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.
The Applicant must provide cost estimates for all required improvements, including
grading, paving, curbing, striping and landscaping.
A letter of credit in the amount of 1.5 times the cost estimates is required to
guarantee that site improvements will be completed.
Phone from car facilities must be eliminated to minimize congestion on the site.
Grading and drainage must be approved by the City Engineer.
Drainage must be approved by MNDOT.
Fuel pumps and tank installation must be approved by the Fire Marshall.
The trash dumpster must be enclosed with a masonry wall.
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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 8th day of August.
1994.
ATTEST:
J
&rtJ{~ ~~.
Barbara J. Br ceY, Mayor
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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
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