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89-042 .f, ... . . . ""', RESOLUTION NO. -$l~:"89 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCE TO DENNIS CLARK - FRONTIER INDUSTRIES WHEREAS, Dennis Clark, doing business as Frontier Industries (Applicant), manufactures and sells portable ice-fishing shelters and docks; and WHEREAS, all manufacturing and storage facilities are located outside of the City of Shorewood; however, Applicant maintains leased sales facilities on property located at 19285 Vine Hill Road (the Vine Hill Building) within the City of S horewood; and WHEREAS, Applicant intends to lease additional property directly south of the Vine Hill Building to be used in conjunction with the Vine Hill property for the purpose of displaying one dock and one boat lift; and WHEREAS, the two properties (the Subject Property) are zoned C-3, General Commercial, and a Conditional Use Permit is required for the use of the Subject Property for purposes of outdoor sales displays, such as proposed by Applicant; and WH ERE AS, the proposed displays would constitute accessory uses of the property, and their location would be in the building setback areas; and WHEREAS, a variance to the Zoning Code would be necessary for the location of an accessory use within the setback areas; and WHEREAS, the Applicant's request has been reviewed by the City Planner, and his recommendations have been duly set forth in a Memorandum to the Planning Commission dated 26 April 1989, which Memorandum is on file at City Hall; and WHEREAS, after required notice, a Public Hearing was held by the Shorewood Planning Commission on 2 May 1989, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant appeared before the City Council at their regular meeting on 8 May 1989, at which time the Planner's Memorandum was reviewed, the minutes of the Planning Commission were reviewed, and the testimony of the Applicant and the City staff was considered by the Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: , , . . . . . FINDINGS OF FACT 1. That the Applicant's request fulfills the requirements of Section 1201.04, Subd. 1, of the Shorewood City Code for the issuance of a Conditional Use Permit. 2. That the Applicant has demonstrated a hardship exists and that a variance is justified in order to make reasonable use of the land, pursuant to Section 1201.05, Subd. 2, of the Shorewood City Code. CONCLUSIONS 1. That Applicant's application for a Conditional Use Permit as set forth herein is hereby granted, subject to the following conditions: a. That the lease agreement for the additional property be co-terminating with the lease for the Vine Hill Building property and be submitted to the City Attorney for approval. b. T hat no additional signage associated with the display area shall be permitted. c. T hat the proposed dock display shall not exceed 30 inches in height above grade. d. That this Permit shall be subject to annual review and approval by the City Council and shall terminate automatically with the termination of the lease of the Subject Property. 2. That Applicant's application for a variance as set forth herein is also granted, to be effective only for so long as the Conditional Use Permit herein granted is in effect. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22d day of May, 1989. ATTEST: !f1i~Wt{ Sandra L. Kennelly, City Clerk Roll Call Votes: A yes - Nays -