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94-046 , . . . CITY OF SHOREWOOD RESOLUTION NO. 94-46 A RESOLUTION GRANTING A TEMPORARY SIGN VARIANCE TO VIDEO UPDATE WHEREAS, Andrew Schmidt (Applicant) is the owner of the Video Update store located at 19465 State Highway 7, in the City of Shorewood, County of Hennepin, State of Minnesota, legally described on Exhibit A, attached hereto and made a part hereof; and WHEREAS, the intersection at Vine Hill Road and State Highway 7 is proposed for reconstruction and may periodically disrupt access to businesses along the frontage road of Highway 7; and WHEREAS, the Applicant proposes to display a temporary sign on the property advising his patrons that his business will remain open during the reconstruction of the intersection; and WHEREAS, the Shorewood City Code limits the display of temporary signs to seven days at a time, twice in any 12-month period; and WHEREAS, the Applicant has applied for a variance to display a temporary sign during the time the intersection is being reconstructed (approximately 1 June through 1 September 1994); and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 28 April 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 3 May 1994, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request for a variance was considered by the City Council at their regular meeting on 23 May 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. district. That the Subject Property is located in the C-3, General Commercial zoning . . 2. That the Applicant proposes to display a temporary sign, no larger than 32 square feet in area, announcing that the frontage road businesses will remain open during reconstruction of the Vine Hill Road intersection. 3. That the Applicant has experienced a decline in his business since work has begun on the intersection reconstruction. 4. That the proposed temporary sign will permit the Applicant to make reasonable use of his property, and will also benefit adjoining frontage road businesses. 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 Applicant's request for a variance as set forth above, subject to the following conditions: a. The temporary sign will be used exclusively to announce that frontage road businesses will remain open during reconstruction of the Vine Hill Road intersection, and that the sign will not be used for any type of advertising. b. That the sign will be limited to 32 square feet in area, may be lighted - but not flashing, and will be located on the property so as not to create a traffic hazard. c. That the sign will be displayed no later than 1 September 1994, or upon completion of the intersection reconstruction, whichever comes first. 3. 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 13th day of June, 1994. ATTEST: . Ja s C. Hurm, City Administrator/Clerk - 2 - . . . LEGAL DESCRIPTION "Those parts of Lots 23, 24 and 25, Auditor's Subdivision Number One Hundred and Forty-One (141) Hennepin County, Minnesota, described as follows: Beginning at the Northwesterly comer of Lot 15, Block 1, Shady Hills; thence Northerly along the extension of the West line of said Lot 15 to the Southerly right-of-way line of State Highway No.7; thence Northeasterly along said Southerly right-of-way line to the Northerly extension of the East line of Lot 14, Block 1, Shady Hills; thence Southerly along said extension to the Northeasterly comer of said Lot 14; thence Southwesterly along the Northwesterly comer of said Lot 14; thence Southwesterly along the Northwesterly line of said Lot 14 and 15 to the point of beginning." P.I.N. 25-117-23-41-0010 EXHIBIT A