11-037CITY OF SHOREWOOD
RESOLUTION NO. 11 -037
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR ADDITIONAL ACCESSORY SPACE
TO THOMAS AND SHEILA HAYES
WHEREAS, Thomas and Sheila Hayes (Applicants) are the owners of real property
located at 21135 Christmas Lane, in the City of Shorewood, County of Hennepin, legally
described as:
"Tract B, Registered Land Survey No. 1237, Hennepin County, Minnesota"; and
WHEREAS, the Applicants have applied to the City for a Conditional Use Permit for the
construction of an attached garage, the area of which, when added to the area of existing
accessory space on the property, will bring the total area of accessory space on the property up to
1764 square feet; and
WHEREAS, the Shorewood City Code requires a Conditional use Permit for the
construction of accessory space exceeding 1200 square feet; and
WHEREAS, the Applicants' request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 2
June 2011, 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 its regular meeting on 7 June 2011, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicants' request was considered by the City Council at its regular
meeting on 27 June 2011, 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The subject property is located in a R -IA /S, Single- Family Residential /Shoreland
zoning district and contains approximately 82,623 square feet of area.
2. The total proposed accessory space (1764 square feet) does not exceed the floor
area above grade of the principal structure (2357 square feet on the main level alone).
The total area of accessory space does not exceed 10% of the minimum lot area
for the R -lA /S zoning district in which it is located (4000 square feet).
4. That the design and materials of the proposed attached garage are consistent with
the architectural character of the proposed home.
5. The subject garage complies with all setback requirements for the R -lA /S. zoning-
district.
6. The old barn located on the west end of the property does not comply with current
height requirements for the R -lA /S zoning district.
7. The Planning Commission has recommended that the nonconforming barn has
architectural, cultural or historical value, specifically:
a. The applicants have demonstrated that the barn existed well in advance of the incorporation
of the City of Shorewood.
b. The applicants have provided written testimony from the Director of the Center
for Rural Design at the University of Minnesota, attesting to the approximate age
of the structure and its historic and cultural value.
C. The design of the building is unusual because of its hybrid nature, the lower level
once serving to house animals and the upper level used as a work space and to
store a carriage.
d. The architecture of the structure is innovative for the area in that it was built into the side of
the hill, allowing both the lower and upper levels of the building to be accessed from the
ground.
CONCLUSION
A. The application of Thomas and Sheila Hayes for a Conditional Use Permit as set
forth herein above be and hereby is granted.
B. This approval is subject to the following:
The attached garage and existing barn will be used strictly for purposes of
a residential nature.
2. The Applicants are hereby advised that the City Code provides specific
regulations relative to home occupations and any future use of the garage
or barn for other than allowable residential purposes would have to
comply with such regulations.
3. The Applicants shall enter into a maintenance agreement with the City,
suitable for recording, setting forth standards for the maintenance of the
nonconforming nonconforming.
C. That the City Administrator /Clerk is hereby authorized and directed to provide the
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Applicants with a certified copy of this Resolution for filing with the Hennepin County Recorder
or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OR THE CITY SHOREWOOD this 27` day of June
2011.
ATTEST:
-3-
(22 �- �L;ze�
Christine Lizee, Mayor