10-038CITY OF SHOREWOOD
RESOLUTION NO. 10 -038
A RESOLUTION REVISING A CONDITIONAL USE PERMIT
TO BUILD ON A SUBSTANDARD LOT
FOR MARY EDWARDS
WHEREAS, Mary Edwards (Applicant) is the owner of the real property located at 6170 Ridge
Road, in the City of Shorewood, County of Hennepin, legally described on Exhibit A, attached hereto
and made a part hereof, and
WHEREAS, the property does not conform to the lot area requirements of the R -1A /S, Single -
Family Residential /Shoreland zoning district, in which it is located; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit to build on a
substandard lot; and
WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the
construction of a single - family home on the property; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
31 March 2010, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was reviewed
by the Planning Commission at their regular meeting on 6 April 2010, the minutes of which meeting are
on file at City Hall; and
WHEREAS, the Applicants' request was considered by the City Council at their regular meeting
on 26 April 2010, at which time the Planner's memorandum and the minutes of the Planning Commission
were reviewed and comments were heard by the Council from the City staff; and
WHEREAS, on 9 July 2010, the Applicant's building contractor subsequently asked the City to
reconsider the Conditional Use Permit, and submitted revised plans on 13 July 2010; and
WHEREAS, after notifying property owners within 500 feet of the subject property, the
Planning Commission, at its 20 July 2010 meeting, re- opened the public hearing to consider proposed
revisions to the Applicant's application;
follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as
FINDINGS OF FACT
1. The lot is currently occupied by a single- family dwelling that will be replaced by a new
home as shown on Exhibit B, attached.
2. The lot is under separate ownership from adjoining properties.
3. The lot contains 28,730 square feet of area, is 117 feet wide at the building line, and
meets at least 70 percent of the required lot area and width requirement for the R -IA /S zoning district.
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4. The proposed improvements to the property amount to 20 percent lot coverage, whereas
25 percent lot coverage is allowed.
5. Two nonconforming structures, a detached garage near the street and a shed /deck
structure near the lake, are currently located on the property.
CONCLUSION
A. Based upon the foregoing, the City Council hereby grants the Applicants' request for a
conditional use permit to construct a single- family dwelling as shown on Exhibit B, attached.
B. This approval is subject to the following conditions:
1. The proposed house plan will be adjusted to comply with the front and side yard
setback requirement for the R -lA /S zoning district.
2. The nonconforming garage near the street may remain in place.
3. The 10 -foot driveway serving the existing garage must be separated from the
street.
4. The nonconforming shed and deck near the lake must be removed within six
months, or upon issuance of a certificate of occupancy, whichever comes first,
unless the Applicant can demonstrate to the satisfaction of the Planning
Commission and City Council that the structure is a legal nonconforming use,
constructed prior to 2 August 1956. To ensure compliance with this provision,
the Applicant shall enter into an escrow agreement with the City, providing
financial security (cash escrow or letter of credit) in the amount of one and a half
times the estimated cost of removing the structure and restoring the site.
The building permit plans for the new home shall include a tree preservation and
reforestation plan for the site.
C. The City Administrator /Clerk is hereby authorized and directed to provide a certified
copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of July,
2010.
Christine Lizee, Mayor