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88-045 ", . . . RESOLurI<N ID. 45-88 A RESOLurI<N GRANl'ING a:N)ITICNAL USE PERVIITS FOR OUIIXXJR SALES, CXJIIXX)R STORAGE, AND AUIO REPAIR 10 WAYNE WARNKE AND DICK lVIXJRE WHEREAS, Wayne Warnke, representing Propulsion Enterprises, proposes to lease a portion of a parcel of land from Dick Mbore, who owns the entire parcel of land located at 24470 Smithtown Road in the City of Shorewood, legally described in Exhibit A attached hereto and made a part hereo f ; and WHEREAS, Wayne Warnke proposes to operate a propeller repair service business on the premises of the leased property, and Dick Mbore intends to continue his business of restoring and selling old cars on the remaining portion of the parcel of land, which business includes outdoor sales, outdoor storage and auto repair; and WHEREAS, such business currently requires a Conditional Use Permi t, pursuant to Shorewood Ci ty Code; and WHEREAS, Mr. Mbore's business existed prior to adoption of the current zoning ordinance and is therefore conducted as a nonconforming use; and WHEREAS, any change in the use of land presently being used for a nonconforming use requires a Conditional Use Permit; and WHEREAS, Mr. Warnke and Mr. Mbore (the Applicants) have therefore applied for Conditional Use Permits for outdoor sales, outdoor storage, and auto repair; and WHEREAS, the application was reviewed by the Shorewood Planning Ccmnission at a Public Hearing held on 3 May 1988, and the Ccmnission voted \lllanimously to recoomend approval of the application; and WHEREAS, the subject parcel of land is currently zoned C-3, General Commercial. NlV, 'lliEREFORE, BE IT RESOLVED by the City Co\lllcil of the City of Shorewood as follows: FINDINGS OF FACI' 1. That land use and zoning in the area surro\lllding the subj ect parcel of land are as follows: . . . North: East: South: West: \llldeveloped, zoned C-3 (proposed Baywood Shops project) American Legion; zoned C-3 golf course; zoned R-lA rnultiple-fwnily residential; zoned C-3 2. That the present use of the property for outdoor sales, outdoor storage, and auto repair does not comply with the current zoning ordinance and is therefore existing as a nonconforming use. 3. That the Applicants' requested change in use of the property will require some changes to bring the property into compliance with the zoning ordinance. 4. That upon bringing the property into compliance with the current zoning ordinance, the proposed use will be compatible with present and future land uses of the area and be consistent with the official City Comprehensive Plan. 5. That the proposed use will not adversely affect the general welfare, public health and safety of the community. cno.USI<NS That the application of the Applicants for the Conditional Use Permits as set forth hereinabove be and hereby is granted, subject to the following conditions: 1. That outside service and sales area be limited to an area no larger than the gross floor area of the principal building. 2. That the outside sales area be screened from view of neighboring residential uses or abutting "R" districts. 4. That the Applicants submit a lighting plan consistent with Section 1201.03, Subd. 2i. of the Shorewood City Code. 5. That all sales areas be surfaced with crushed rock to control dust. 6. That a paved, curbed, and striped parking lot at the front of the site be constructed to accommodate twenty (20) cars. . 7. That the surfacing, curbing, and striping of said parking lot shall be in accordance with Applicants' plan as submitted with his application. (Exhibit B). 8. That no part of the required parking area be utilized for the parking of vehicles for sale or on display. 9. That the Applicants prepare a new drainage plan showing run~off calculations for review and approval by the City Engineer. 10. That the Applicants confine signage to the proposed signage shown in their application and in compliance with Section 1201.03, Subd. 11 0 f the Shorewood Ci ty Code. 11. That all outdoor storage be confined to the area designated in the plan attached and made a part of Applicants' application. 12. That any future expansion of the existing building on Applicants' land comply with the construction requirements contained in Section 1201.03, Subd. 7, of the Shorewood City Code. AOOPrED BY TIm CIlY axJNCIL of the Ci ty of Shorewood this 23rd day of May , 1988. Robert Rascop, Mayor . ATrEST: . Sandra L. Kennelly, City Clerk . DESCRIPTION: . . That part of Lot 25, Audit.)r's Subdivisbn I\:umber Cne Hundred Thirty- three (133), Hennepin County, Minnesota described as f'::lll.Jws: Commencing at the point of intersection of the North line of the Srritht.Jvm R.:>ad '....ith the West line of County Highway No. 19; thence Southwesterly along the NoJrth line of said Smithtown Road a distance of 300 feet t::> a point which is the actual point of beginning of the tract of land to be herein conveyed; thence continuing along said North line of Srrithtown Road in a Southwesterly direction a distance of 73.185 feet t:J a point; thence Northerly and parallel with the West line of said County Highway Nc'. 19, a distance of 19C.S7 feet; thence Westerly on a I ine parallel with the N-:>rtherlj line of said Lot 25 a distance. of 72.11 feet; thence Nortt,erly and parallel WIth the West line of said County Highway No. 19 a distance of 182.47 feet; thence Easterly on a I ine parallel with the Northerly line of said Lot 2'5 a distance of 144.22 feet; thence S()utherly a distance of 3CC. 04 feet ~:> the point :>f beginring. I. EXHIBIT A f"4 .: D' ..r'~Qroge I . I :;:'i~ '0 ' . - r- , 'S 'It N' ~I ~ I ~ 0-- I i-~ I 0 . , '1 ~~ f ~fif~:;j~,;. In. no,!' /,n. Q.., \) I ., <"J c.... ':':;0 ."~ ...1VI o . ...... .(I:':'" -. ..' . I,-t~ -4 I I 8qO ~4'00.. ,/ <.-- I,) ~. A.~.... q) .~ ,i .1 " I .~~ I A~'~ s t'.~ $J,/.C l~" t/l ,11,0 , CJ <Ii In! ~r 12g "'!": ,J. I .... I , I '~ 'oW ~( 1', I'll' , :~hibit B PROPO.3-:()~I Ill'; PIAN __ ___.. .....__ u_.'.. "-'..-" 18/ -t --. ----.-;.l \ l i "-( a~ .s " . lfo .,-,..";'-----" ..-- " - .. ~ : 'f :1 .,1 ..... ' , {' 0, 'I; ~ , "L-t_ , '-- , .. l I ..j....'. I .,' I t " . " J \ ....., .;,. " 0 c. "F~(C to !- t ,,:',jl/-tr.' ~w .<. It'- ilS'---" '" v t. ~ . I 10 =-___. t '.f(".Jt ~. Ibi...)v-.~I (1o".1T2",.h <"'" .~ t ;)0 YI"?~rlNq s,...?#e~$ ~ ,.' 'F t: -:.: ....~ .0 to \:1 if ,'.., ,-~-.......,;..,......_"..._, --.-:....-: {l'... . Ih~.(jw" Road . e ct ';1m1t . :'.. N. ,i...~' -"r '," ~;~;i,;,.i~~~s;t~f~& ' , . ~ ~"I' 'Ll~~. oJ' ' , SE.Cor of 0,' . 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