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15-016CITY OF SHOREWOOD RESOLUTION NO. 15 -016 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO DONALD AND LORETTA MANN WHEREAS, Donald and Loretta Mann (Applicants) are the owners of real property located at 25880 Birch Bluff Road, in. the City of Shorewood. County of Hennepin, legally described as: "Lot 14 and that part of Lot 15, Birch Bluff, Upper Minnetonka, Hennepin County, Minnesota, described as follows: Beginning at the Southeast corner of said Lot 15, thence along the Southerly line of said Lot 15 to a point, which point is 22 feet at right angles Westerly from the Easterly line of said Lot 15 extended; thence Northerly along a line parallel to the Easterly line of said Lot 1.5 to its intersection with the shore line of Lake Minnetonka, which 'intersection is at right angles a distance of 22 feet from the Easterly line of said Lot 15, thence Easterly along said shore line to tints intersection with the Easterly line of said Lot 15, thence Southerly along the easterly line of said Lot 15 to the point of beginning." WHEREAS, the Applicants have applied to the City for a Conditional Use Permit for the construction of a detached 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 1399 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 28 January 2015, 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 3 February 2015, 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 23 February 2015, 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, DE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACE' I. The subject property is located in a R. -IC /S, Single- Family Residential /Shoreland zoning district and contains approximately 30,649 square feet of area. 2. The total proposed accessory space (1399 square feet) does not exceed the floor area above grade of the principal structure (3172 square feet, not including the basement). 3. The total area of accessory space does not exceed 10% of the minimum lot area for the R -IC /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 existing home. 5. The subject garage complies with all setback requirements for the R -1C /S. zoning - district. 6. The total amount of existing impervious surface on the property exceeds 25 percent, but the Applicants propose to remove a nonconforming structure on the property and reconfigure the driveway so as to result in a net reduction of impervious surface. CONCLUSION A. The application of Donald and Loretta Mann for a Conditional Use Permit as set forth herein above be and hereby is granted. B. This approval is subject to the following: The detached garage 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 for other than allowable residential purposes would have to comply with such regulations. The Applicant will plant arborvitae along the east side of the garage to soften the view of the east elevation as viewed from the property to the east. C. That the City Cleric is hereby authorized and directed to provide the .Applicants with a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. -2- ADOPTED BY THE CITY COUNCIL OF THE CITY SHOREWOOD this 23rd day of February 2015. ATTEST: J Parch h ys y�, city c�er -3- Scotty crb , Ma or f, y