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16-021CITY OF SHOREWOOD RESOLUTION NO. 16 -021 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO BRADLEY HAUSER WHEREAS, Bradley Hauser (Applicant) is the owner of real property located at 5640 Covington Road, in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; 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 1359 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 10 March 2016, 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 15 March 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 28 March 2016, 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 -1A /S, Single- Family Residential /Shoreland zoning district and contains approximately 82,795 square feet of area. 2. The total proposed accessory space (13 59 square feet) does not exceed the floor area above grade of the principal structure (3422 square feet on the main level alone). 3. 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 pumphouse located on the west end of the property does not comply with current setback requirements for the R -IA /S zoning district. 7. The Planning Commission has recommended that the nonconforming pumphouse has architectural, cultural or historical value, specifically: a. The applicant has demonstrated that the pumphouse existed in advance of the incorporation of the City of Shorewood. b. The design of the building is unusual because it is built almost entirely into the hillside on the west side of the property. The structure has historically been used to house equipment for irrigating the subject property and likely to provide water for the home on the property as well as nearby homes. CONCLUSION A. The application of Bradley Hauser 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 pumphouse will be used strictly for purposes of a residential nature. 2. The Applicant is hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the garage or pumphouse for other than allowable residential purposes would have to comply with such regulations. 3. The Applicant shall maintain the existing pumphouse in good condition. The exterior of the structure shall be painted in an earth tone color. 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 28"' day of March 2016. ATTEST: u Je Panchyshyn, City Jerk -2- Sc tt y May r Legal Description: That part of Government Lot 4, Section 36, Township 117, Range 23, Hennepin County, Minnesota described as follows: Commencing at a point on the north and south centerline of said Section 36 a distance of 793 feet North from the south line of said Government Lot 4 as measured along said centerline; thence on an assumed bearing of West parallel with the south line of said Government Lot 4 a distance of 265.25 feet to the point of beginning of the land being described; thence Northerly 9 feet parallel with the north and south centerline of said Section 36; thence Easterly to the centerline of Covington Road along a line which if extended would intersect said north and south centerline of said Sectton 36 a distance of 805 feet North from the south line of said Government Lot 4; thence Northwesterly along the centerline of said Covington Road to a point 988.9 feet North from the south line of said Government Lot 4 as . measured at right angles with said south line; thence North 83 degrees 34 minutes 30 seconds West 160 feet; thence South 87 degrees 55 minutes 30 seconds West to the shore of Christmas Lake; thence Southerly along the shore of said Lake to a line bearing West from the point of beginning; thence East to the point of beginning. Except Road.