RES 2003 - Laserfiche WebLink

Home

CITY OF GEM LAKE RESOLUnON NO.2003-05 21 July 2003 A RESOLUTION APPROVING 1[$S,UANCE OF SPECIAL USE PERMIT NO.2003-01 TO. .TODD HUBBARD, d/b/a LAKP. ARLd '11'1QTORS .ALLOWING USE OF THE. PROPERTY AT.3030 SCHEUNEMAN ROAD AS AN .OPEN SALES LOT, SUBJECT TO CONTINGENCIES ;AND CONDITIONS .IDENTIFIED HEREIN. WHEREAS, the Cityof.Gent Lake has received an Application :for a;Special Use Permit fi-om Mr. Todd Hubbard (as ::purehaser.) and d/b-a Lake Area Motors to allow use ofproperty at 3636 Sclieuneman Road currently owned .by Mike G:erner (as seller) for. operation of an Open Sales :Lot :and said application was identified .as. complete oei-i l Aine 2003 and WHEREAS, thOCity of Gem Lake Planning Commission has considered the matter, has: held h duly published publichearing.to receive public comment on the matter; and has senta fecommendationto.the City Council to approve theapplication with reservations andseveral contiNtencies; and WHEREAS, the:City.Council has: received the recommendation of the. Planning Commission and has further considered the-tnatter al a regular City Cottricil meeting on the date first written above; and WHEREAS, the:City Council has expressed concern over the use .ofthe property as an Open Sales Lot as the Comprehensive Municipal !plan recommends that such. uses be discouraged .in- the GB II Zoning. District and that .conditions in addition to those set forth by the Planning Commission need to be imposed. ,NOW THEREFORE BE IT RESOLVED that the CityCounc it of the -City of Gem Lake.approvess by a vote ofthree(3) in favor.( Watson. 13irk-ebak and !go) and one(]) opposed (k.meott) the. issuance of5pecial Use PermitNo.2003-01 to ToddHubbard, dib/a. Lake Area Motors. contingent.uprni. Mr. Hubbard's compliance with all Ylie fgllbwiitg cnndjtiot And recognizing that.no permits of any kind will.be issued until 61,1 compliance with all conditions listed and approval. of all.submittals has been acknowledged; *and Br, 11' FURTHER RESOLVED. that the following are the conditions which tnust-be:satisfted foi{ isstianee of the Special Use.Perniit. . A) The land along, the rear/eastern edge of the property to the top ofthe-slope currently owned by the Burlington Northern Santa lie Railroad (BNSFF) must be acquired within' i20 days and said land must be properly ioined to`the Gerner property as .a single PIN number for the property as a v:hole with such evidence as rnay be necessary tosatisfy the City attorney. If the add itioital land is not acquired within the 120 day time fraine,the iandownermustdemonstrate.to the City Council positive intent by BNSF to sell. the property. -to the applicant or the applicant shall be: renuired to submit anew Special Use Pennit application accoiupanied by a detailed showing: how the property without the BNSF acquisition will be used: 13) Sincethe..paving will go up to the location of the well head; a. plan will need to be presented to insurebat the wellhead is safe from damaae.by autosand that no operational or other contaminants have access to the well.. C') All automobile delivery to. and from (lie: 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.parkin g space to a place adjacent..the main entrance.of' the: building; and, 2) .prov.ide enumerated employee and customer parking spaces. in accordance with the. requirements of Qrdinance No. 43; and, 3) permanently identify EmpioyeeandCustomer parking spaces; and4) indicateplaeementofpark'ing curbs as required by Ordinance No. 43; F.) A. complete site plan which shall include, but.not be limited to, paving:specifications, drainage detai:ls.and all lighting requirements as.defineated in Section 14.1:(I)c, Ordinance No. 43 and which demonstrates compliance with all other requirements. of Sections 14 and 16 of Ordinance. No. 43 shalt be submitted for review by tho-Zoning administratorand City Engineer. F.) & Sint Plan must be submitted indicating location, description.and.size bfall**sigtts to be installed on the property as well as any other .requiretnents 6FSection 15. Ordinance No.. 43. G) The bathroom in the building:shal) be remodeled so as to. be ADA compliant; -said. plan for §arhe.'to: be reviewed by1he :Building Inspector prior:to. application for permits. H) '17he front yard setback of 20' will be maintained as a landscaped area. The existing-rdmitiing walls in the front of the property find. grassy area on the south of tha property -shall also be maintained and considered -part of open/'green space.