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13-042CITY OF SHOREWOOD RESOLUTION NO. 13 -042 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF ACCESSORY SPACE IN EXCESS OF 1200 SQUARE FEET OF AREA TO JEFF AND JENNIFER ISCHE WHEREAS, Jeff and Jennifer Ische (Applicants) are the owners of real property located at 25365 Smithtown Road, in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and 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 combined with existing accessory space on the property totals 1696 square feet in area; 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 27 June 2013, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public bearing was held and the application was reviewed by the Planning Commission at its regular meeting on 2 July 2013, 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 22 July 2013, 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 Applicants' property is zoned R -1A, Single- Family Residential and contains approximately 87,346 square feet of area. 2. The total area of accessory space (1696 square feet) does not exceed the floor area above grade of the principal structure (3000 square feet — one and a half levels). 3. The total area of accessory space on the property will not exceed 10% of the minimum lot area for the R -IA /S Zoning District in which it is located (4,000 square feet). 4. The design and materials of the garages are compatible with the architectural character of the proposed home and existing garage. -1- A. Based upon the foregoing, the City Council hereby grants the Applicants' request for a conditional use permit to construct a detached garage. B. The City Administrator /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 22nd day of July 2013. ATTEST: Jean Panchyshyn, Ci CI rk -2- Scott4erby, May r LEGAL DESCRIPTION: That part of Lot 5, EUREKA, Hennepin County, Minnesota, lying easterly of the following described line: Beginning at a point in the northerly line of said Lot 5, distant 105.00 feet northwesterly of the northeasterly comer thereof, thence southerly to a point in the southerly line of said Lot 5, distant 200.00 feet westerly of the southeasterly corner thereof and said line there terminating. Subject to easements of record. Exhibit A