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16-005CITY OF SHOREWOOD RESOLUTION NO. 16 -005 A RESOLUTION AMENDING A CONDITIONAL USE PERMIT FOR GABRIEL JABBOUR REMOVING THE RESTRICTION ON THE NUMBER OF POWER BOATS AT THE SHOREWOOD YACHT CLUB WHEREAS, Gabriel Jabbour, (Applicant) is the owner of real property located at 23500 Smithtown Road, formerly 600 West Lake Street, (Subject Property) in the City of Shorewood, County of Hennepin, State of Minnesota, legally described on Exhibit A, attached; and WHEREAS, the Applicant operates a multiple dock facility at the Subject Property pursuant to a conditional use permit as set forth in City of Shorewood Resolution No. 11- 004, which is an amendment to previous Resolution Nos. 00 -11 and 07 -029; and WHEREAS, City of Shorewood Resolution No. 11 -004 specifically limits the water harboring of boats to sailboats, with the exception of 52 power boats; and WHEREAS, the Applicant has requested an amendment to Resolution No. 11 -004 that would remove the restriction on the allowable number of boat slips for water harboring of power boats; 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, Mayor and City Council, dated 31 December 2015, which memorandum is on file at the Shorewood 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 5 January 2016, 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 25 January 2016, at which time the comments ofthe City Planner, the minutes ofthe Planning Commission, and verbal and written testimony of individuals interested in the matter were reviewed and additional public comments were heard by the Council. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Shorewood as follows: FINDINGS OF FACT 1. The Subject Property is located on Gideon's Bay, Lake Minnetonka. 2. The Subject Property currently exists as two parcels of property containing a total of approximately 2.4 acres and is located in the L -R, Lakeshore Recreational zoning district. 3. Land use and zoning surrounding the Subject Property are as follows: North: Lake Minnetonka East: Minnetonka Portable Dredging Company; zoned C -2 /S, Service Commercial /Shoreland South: County Road 19, then commercial; zoned C -2 /S and R -C /S, Residential Commercial /Sh ore] and West: Townhouse common area and single - family residential; zoned P.U.D., Planned Unit Development and R -IB /S, Single - Family Residential /Shoreland 4. Water - harboring of boats is a permitted use within the L -R, Lakeshore Recreational zoning district. 5. The Subject Property is occupied by the Applicant's business, which includes a clubhouse and boat maintenance facility, caretaker dwelling, launch ramp and boat slips for docking 1 l7 boats, all but 52 ofwhich are currently limited to sailboats only. 6. The Applicant has offered to devise a system to rent slips first to Shorewood residents before opening rentals to the general public. 7. The westerly dock located on the Subject Property is configured for 35 boat slips, designed to accommodate boats up to 30 feet in length. CONCLUSIONS A. Based upon the foregoing, the City Council hereby grants the Applicant a Conditional Use Permit subject to the following: 1. The conditions set forth in Shorewood Resolutions No. 00 -111 and No. 07 -029 remain in force except as modified herein. 2. The restriction on the number of slips for water harboring of power boats is hereby removed. 3. Power boats kept at the westerly dock (Pier 4) shall not exceed 30 feet in length. B. That the City 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 25th day of January 2016.