Edwards Conditional Use Permit reportCITY OF
SHOREWOOD
5755 COUNTRY CLUB ROACH - SHORRWOOD, MINNESOTA 55331 -8927 - (952) 474 -32361
FAX (952) 474 -0128 ® www.d.shorewood.rnn.us - dtyhall @ci.shorewood.mn.us
TO: Planning Commission, Mayor and City Council
FRONT: Brad Nielsen
DATE: 31 March 2010
RE: Edwards, Mary — Conditional Use Permit for Construction on a
Substandard Shoreland Lot
FILE NO.: 405 (10.01)
Mary Edwards is the owner of the property at 6170 Ridge Road (see Site Location map — Exhibit
A, attached). She proposes to demolish the existing home on the property and build a new one in
its place (see Exhibits B -E). Since the lot is substandard in area for the zoning district in which it
is located, her contractor, Dan Meuisi, has applied for a conditional use permit pursuant to
Section 1201.26 Subd. 5.b. of the City Code.
The subject property is located on Christmas Lake and is zoned R -lA /S, Single - Family
Residential /Shoreland. The lot contains only 28,730 square feet of area, where the R -1A District
requires a minimum of 40,000 square feet, making it nonconforming. The topography of the site
rises from the shoreline of Christmas Lake approximately 54 feet to where the existing house
sits, then another eight feet to Ridge Road. As shown on Exhibits B and C, the property is also
occupied by two accessory structures, a small, two -car garage, located only ten feet from the
edge of the street pavement, and a shed and deck structure located approximately 14 feet from
the shoreline of Christmas Lake. Both of these structures are grossly nonconforming in terms of
required setbacks. An existing stairway and an elevated lift system provide access down to the
lake.
The existing house contains approximately 1411 square feet on the main level according to the
applicant's survey. Although no plans were submitted for the existing structure, it appears that
there may be an additional 1400 square feet of floor area in a lower, walk -out level, plus some
additional square footage in an upper dormer level. The existing garage contains 418 square feet
41%
# PRINTED ON RECYCLED PAPER
Memorandum
Re: Edwards C,U.E,
31 March 2010
and the shed near the lake contains 111 square feet of floor area with an approximately 198
square -foot deck.
t
A. Nonconforming Accessory Structures. As mentioned above, both the shed near the lake
and the garage near the road are very nonconforming with respect to R -IA /S zoning
requirements. For example, the garage is required to be set back from the (private) road
65 feet. It is only 10.3 feet from the edge of the Ridge Road pavement. Furthermore, it
is less than three feet from the south property line, where 20 feet minimum is required. If
left in place, the existing garage would create an additional nonconformity — two
driveways without adequate lot width. The Zoning Code only allows one driveway per
120 feet of lot width.
The shed and deck near the lake are approximately 14 feet from the water's edge, where
75 feet is required. Also, the shed is only 8.7 feet from the south lot line where 20 feet is
required.
Several sections of the Zoning Code dictate that the nonconforming accessory structures
on the property be removed, or at least be moved into conformity with current zoning
requirements. First, they are only allowed as accessories to the principal structure. Once
the house is demolished, the accessory structures must also be removed. The City has in
the past allowed conforming accessory structures to remain on the property provided
construction of a new home commenced within six months of the demolition of the old.
Section 1201.03 Subd. 2.d.(5) requires a conditional use permit for the construction of
more than one garage on a property. Section 1201.03 Subd. 2.d.(4)(e) requires that any
nonconforming accessory structures be removed or brought into conformity with the
Zoning Code.
B. Substandard Lots. Section 1201.03 Subd. 2.c.(3) of the Zoning Code addresses
development on substandard lots of record. Section 1201.26 Subd. 5.b. (Shoreland
regulations) goes on to require a conditional use permit for substandard lots in the
Shoreland District. Following is how the applicant's request complies with the criteria
provided in those sections:
1. The subject property is in separate ownership from the two adjoining lots.
2. The Code requires a substandard lot to have at least 70 percent of the minimum
width and area requirements of the zoning district in order to be considered
buildable. In this case the lot meets 96 percent of the width requirement (120
feet) and 72 percent of the area requirement (40,000 square feet).
-2-
Memorand.uni
Pie: Edwards C.U.P.
31 March 2010
floor 4. The _ proposed house and garage on t `
percent t lot area, where 30 percent floor area to lot area • is allowed.
The provisions of the Shoreland District are the same as 1 -4, above. In addition, the
Shoreland provisions require a "shoreland impact plan ". In this case, the applicant
should be required to submit an erosion control and restoration plan for the area near the
lake where the shed /deck will be removed.
With the removal of the two nonconforming accessory structures and the redesign of the building
to comply with the front setback requirement, the property will comply better with the Zoning
Code than it presently does, despite the lot's substandard area. Subject to the following
conditions, approval of the C.U.P. to build on a substandard lot is recommended:
A. The applicant should submit an erosion control /restoration plan for the area near the lake
where the shed /deck are currently situated. Estimates for the cost of that work should be
used as a basis for an escrow agreement to guarantee the work is done within a prescribed
time.
B. The nonconforming accessory structures should be removed at the same time the existing
house is being demolished. If there is some desire to keep the existing garage, a revised
site plan should be submitted showing that it will meet setback requirements.
C. The building permit plans must include a tree preservation and reforestation plan.
Cc: Brian Heck
Mary Tietj en
Tom Velmer*
Mary Edwards
*As this report was being finalized, Dan Meuisi informed us that Tom Vebner would be handling
the application process.
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CERTIFICATE OF SURVEY FOR
CORNERSTONE CONSTRUCTION
IN GOVT LOT 7, SEC. 36- 117 -23
I- IENNEPIN COUNTY, MINNESOTA
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SCALE IN
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PROPOSED ELEVATIONS (VERIFY
GARAGE
WITH BUILDER)
1) =9%5
21 FIRST FLOOR -9975
3) BASEh1ENT -9811
PROPOSED HARDCOVER CALCULATIONS
EXISTING LOT = 28730 + - S.F.
PROPOSED HOUSE =
2623+ -
PROPOSED DRIVEWAY =
1656,
PROPOSED PORCH 8 DECK =
492+ -
PROPOSED FRONT WALK -
219+ -
EXISTING STEPS =
200+ -
EXISTING SHED DECK =
208. -
EXISTING SHED =
110+ -
EXISTINGGARAGE -
EXISTING GARAGE DRIVEWAY -
418+ -
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TOTAL =
5983+ -S.F.
5983 X100= 20.82% PROPOSED HARDCOVER
28730
NOTE: TRAVELLED ROADWAY NOT INCLUDED
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Exhibit E
PROPOSED BUILDING ELEVATIONS