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RESOLUTION NO. 13 -051
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR ADDITIONAL ACCESSORY SPACE
TO BENJAMIN DUININCK
WHEREAS, Benjamin Duininek (Applicant) is the owner of real property located at
22490 Murray Street, in the City of Shorewood, County of Hennepin, legally described as:
"That part of the East 110.0 feet of the West 124.3 feet of Lot 84, Auditor's Subdivision
No. 135, lying north of the South 318.5 feet thereof, also that part of said Lot 84 lying east of the
West 124.3 feet thereof, and north of the South 358.5 feet thereof, Hennepin County,
Minnesota": and
WHEREAS, the Applicant has 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
1471 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 Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 1
August 2013, 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 8 August 2013, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at its regular
meeting on 26 August 2013, at which time the Planner's memorandum and the minutes of the
Planning Commission were reviewed and comments were heard by the Council fiom 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 -1 C /S, Single- Family Residential /Shoreland
zoning district and contains approximately 76,012 square feet of area.
2. The total proposed accessory space (1471 square feet) does not exceed the floor
area above grade of the principal structure (3535 square feet, including the addition).
3. The total area of accessory space does not exceed 10% of the minimum lot area
for the R -1 C/S zoning district in which it is located (2000 square feet).
4. That the design and materials of the proposed attached garage are consistent with
the architectural character of the proposed home.
The subject garage complies with all setback requirements for the R -1 C /S. zoning-
district.
6. The small studio building located in the southeast corner of the property does not
comply with current height requirements for the R -1 C/S zoning district.
7. The Applicant proposes to grade around the east end of the nonconforming
accessory structure in order to bring it into conformity of the City Code.
A. The application of Benjamin Duininck for a Conditional Use Permit as set forth
herein above be and hereby is granted.
B. This approval is subject to the following:
1. The attached garage and existing studio building will be used strictly for
purposes of a residential nature.
The Applicant is hereby advised that the City Code provides specific
regulations relative to home occupations and any future use of the garage
or studio building for other than allowable residential purposes would
have to comply with such regulations.
C. That the City Clerk is hereby authorized and directed to provide the Applicant
with 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 SHOREWOOD this 26"' day of
August 2013.
ATTEST:
Jedn Panchyshyn, City lerk
Scott , erKy, i ayo