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CITY OF -GEM LAKE RESOLUTION NO. 200 44 21 July 2003 A RESOLUTION APPROVING ISSUANCE OF SPECIAL USE PERMIT NO.2003-01 TO TODD HUBBARD, d/bla LAKE AREA.. MOTORS ALL;OWiNG USE OF THE. PROPERTY AT 3636 SCHEUNEMAN ROAD AS AN OPEN SALES LOT, SUBJECT TO CO.NT-INGENCIES: AND CONDITIONS IDE*NTI*P[ED. HEREIN. WHEREAS, the City ofGem Lake ]tas received an Application fbr a Special Use:Permitfrom Mr. Todd Hubbard (as purchaser) and dibla i.:ake Area. Motors to allow use.of tite:property at 3636. Scheuneman Road currently owned by Mike Gerner (as seller} for operation of ,tn Open Sales Let. and said application was identified. as completeon i I June:2003;.and. WHEREAS, dib-City-df Gem Lake -Planning :Commission has considered the matter, has. held a duly.published public hearing to receive public coniinent-on the inatter, and has.sent a•recotnniendatioo to the. City Council to approve the application with reservationsand several coitt �i ��encies;.and WHEREAS, the City Coundil has itceived the recommendation of the :Planning Commission -and has further considered the matter. at it rC: Idlar City Council meeiiiig on the date first written above; and WHEREAS, the City Council has expressed concern over the use of the property as. an Open Sales Lot. as the Comprehensive Municipal Plan recommends that such uses be. discouraged in the GB It Zoning District and that conditions in addition to those set forth by the Planning Commission need to be imposed: NOW THERE FORE BE ITRESOLVED.thatjhgPity Council ofthe.CityofGem.Lake approves: by a vote o.fthree.(3) in favor (Watson. Bitkc bak and Igo):and one(]) opposed (Egteott}.the;issuancgofSpecial Use Perm4.No.2003-01 toTbdd Hubbard, d/b/a Lake Area Motors, contingent upgri Mr. Hubbard's::compliance with:all•the�fdllowing conditions and recognizing that no permits of any kind will be issued. until full compliance with all conditions listed and approval ofall.submittals has been.:acknow�ledged; and. li.F.. IT FURTHER RESOLVED that the following are the -conditions which must be satisfied for issuance of the Special Use Permit: .A). 'fhe land along the rearleastern edge of tho.property to the top of (lie slope currently owned by the Burlington Northern. Santa l=e Railroad (BNSF) must be acquired -within 120 days and said land must be oronerly ioinedt6 the Gerner property as a single PIN number for the property as.a: whole with such evidence as may be necessary to satisfy the City attorney. If the additional land is.not acquired Withinthe 120 day time frame, the landownermusidemonstrate.to the CitvCouncil positive intent v BNSF to sell the property to the applicant or the applicant shall be rectuired.to submit anew Special Use Permit application accompanied by a detailed showitib how the property without the BNSF acquisition will be used. 13) Sincc the paving will go up to the location of the well head, a plan will need to be presentedto insure that the wellhead is .safe from damage by autos and that no operational or other contaminants have access to. the well.. 0 All automobile delivery to and from -the site must be loaded and. unloaded .on the -property and not on the. street. D) The parking plan must be revised to: 1) relocate the handicapped parking space: to a place adjacent .the . main entrance of the building; and, 2) provideenumerated employee and customer parking spaces. in.accordancewith the requirements :of Ordinance No. 43; and; 3) permanently identify Employee and Customer parking:spaces; and.4) indicate placement..ofparking Curbs as required by Ordinance No. 43; .and 5) F j �► complete site:plan which shall.include,.but. not be limited to, paving specifications, drainage details and all Iighting requirements as delineated in .Section 14.1(I)c, Ordinance No. 43 and which demonstrates compliance xvitli .all other requirements of Sections..l4 and. 1.6 of Ordinance: No: 43 shall be submitted for review by the Zoning,.admniistrator and City lsngineer.: h) A .Sign Plan must.he submitted indicating location. description and siie:ofall signs to be installed on .the property as well a any other requirements of Section .15, Ordinance No. 43.. G) ThQ bathroom in the building shall be reniodeled so as to. be. ADA. compliant, said plan for same to be reviewed by the Building. Inspector prior to application -for permits: 1•I) The front Vard setback of 20' will be maintained as a landscaped area.. The existing retaining walls in the feont.of the property and grassy area on the south of the property shal[also be maintained and considered part of the.open/green space.