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15-028CITY OF SHOREWOOD RESOLUTION NO. 15 -028 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR TWO DWELLINGS ON ONE LOT FOR TODD CEBULLA WHEREAS, Todd Cebulla (Applicant) is the owner of real property located at 5530 Vine Hill Road in the City of Shorewood, County of Hennepin, legally described as: "Tract B, Registered Land Survey No. 0847, excluding road" WHEREAS, the Applicant proposes to live in the existing house on the property while a new house is being constructed on the same lot; and WHEREAS, Shorewood's Zoning Code limits the number of homes on a single - family lot to one, except by conditional use permit, and whereas the Applicant has requested such a conditional use permit; 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 April 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 7 April 2015, 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 27 April 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, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Property is located in an P.U.D., Planned Unit Development (Single - family Residential) zoning district and contains approximately 29,338 square feet of area. 2. That the property is currently occupied by a single - family dwelling and a detached garage. 3. That the new home will comply with all setback requirements of the P.U.D. zoning district. CONCLUSION A. That the Applicant has satisfied the criteria for the grant of a Conditional Use Permit under Section 1201,03 Subd. 2.c.(4) and Section 1201.04 of the Shorewood City Code. B. That based upon the foregoing, the City Council hereby grants the Applicant's request for a Conditional Use Permit to keep the existing dwelling on the property, while a new home is being built, subject to the following conditions: The Applicant must provide an estimate from a licensed contractor of the cost to remove the existing dwelling. From this estimate the City will require a cash escrow or letter of credit in the amount of 150% of the estimate to ensure that the structure will be removed within a specified time. 2. The Applicant shall provide the cash escrow or letter of credit referenced in 1. above to the City at the time a building permit is issued for the new dwelling. 3. The Applicants must use the Conditional Use Permit by 27 April 2016. The existing dwelling on the property shall be removed from the property within six months of the time that a building permit is issued for the new dwelling. D. That the City Clerk furnish the Applicant with a certified copy of this resolution for recording purposes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of April 2015. ATTEST: Jeath7 Panchyshyn, Ci Cl rk -2- Zerby, ra or