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90-114 ,. . , . . . RESOLUTION NO. 114-90 A RESOLUTION AMENDING THE CONDITIONAL USE PERMIT GRANTED TO KUEMPEL CHIME CLOC K WORKS & STUDIO WHEREAS, Donald W. McGregor and Audrey McGregor (Applicants) are the owners of real property located at 21195 Minnetonka Boulevard in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as follows: Lots 13, 14, 15, 16, and the south 10.00 feet of Lot 17, Block 11, Minnetonka Manor, according to the recorded plat thereof; and WHEREAS, Applicants were originally granted a Conditional Use Permit (CUP) to operate the Kuempel Chime Clock Works & Studio pursuant to certain terms and conditions set forth in Resolution No. 158-88 passed by the Shorewood City Council on December 12, 1988; and WHEREAS, Paragraph 2 of the Conclusions of said resolution granted the CUP subject to the following condition: "That the studio shall continue to be owned and operated by the Applicants, Donald W. McGregor and Audrey McGregor, or members of their family, in the same manner as is presently operated; " and WHEREAS, the owners now wish to sell the assets of Kuempel Chime Clock Works & Studio to a separate entity of which Mary Jean McGregor intends to become a part owner; and WHEREAS, the new owners of the business intend to lease the subject property to carryon a business in substantially the same manner as its present use; and WHEREAS, the application was reviewed by the Shorewood Planning Commission at a public hearing held on October 2, 1990. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. T hat the use of the property to operate the K uempel Chime Clock Works & Studio has not had a substantial or undue adverse effect ~'" . . . .. upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities or other matters affecting the public health, safety, and general welfare. 2. That the use of the property as Kuempel Chime Clock Works & Studio by tenants other than the owners, Donald W. McGregor and Audrey McGregor, will not have any adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities, or other matters affecting the public health, safety, and general welfare, provided that the use shall continue in the same manner and not be altered from the present use. 3. That the use of the property will continue to be such so as to permit the development and use of neighboring property in accordance with the applicable zoning district regulations and in accordance with the official City Comprehensive Plan. CONCLUSIONS That the application of the Applicants for an Amendment to the Conditional Use Permit as set forth hereinabove be and hereby is granted, subject to the following conditions: 1. That the use of the subject property as Kuempel Chime Clock Works & Studio by tenants other than the present owners shall continue in the same manner and not be altered from the present use. 2. That Applicant's landscape plan be revised to include a retaining wall along the south property line. 3. That Applicant replace the fence with trees or provide a letter from the property owner to the east stating that they are willing to accept trees on their side of the fence. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8TH day of October, 1990. ~ .x .TTEST: (... (..,1 .1l{..~V , ~('z. .. VUM.MUl~ urence E. Whittaker City Administrator/Clerk Roll Vote: A yes - Nays -