05-039CITY OF SHOREWOOD
• RESOLUTION NO.05-039
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR ADDITIONAL ACCESSORY SPACE
TO PAUL AND NANCY ZANDER
WHEREAS, Paul and Nancy Zander (Applicants) are the owners of real property
located at 5215 Howard's Point Road, in the City of Shorewood, County of Hennepin, legally
described in Exhibit A, attached hereto and made a part hereof, 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 have applied to the City for a Conditional Use Permit for
the construction of an attached, two -level garage which will have approximately 2180 square
feet of floor area; 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 1
April 2005, 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 their regular meeting on 5 April 2005, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicants' request was considered by the City Council at their
regular meeting on 25 April 2005, 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 total area of accessory space (2180 square feet) does not exceed the floor area
above grade of the principal structure (5484 square feet on the main level alone).
2. The Applicants' lot contains approximately 28,008 square feet of area, and that the
total area of accessory space on the property will not exceed 10% of the minimum lot area for
the R-1A/S Zoning District in which it is located (4,000 square feet).
3. The design and materials of the garage are compatible with the architectural
character of the existing home.
•
-1-
4. The proposed garage complies with all setback requirements for the R-lA/S
District.
• 5. Construction of the home, garage and driveway will not exceed a total impervious
surface to lot area ratio of 25 percent.
CONCLUSION
1. That the application of Paul and Nancy Zander for a Conditional Use Permit as
set forth herein above be and hereby is granted.
2. That this approval is subject to the following:
a. The proposed garage will be used strictly for purposes of a residential
nature.
b. The Applicant is 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.
3. That 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 ewood this 25th day of
April 2005.
WOODY LOVE, MAYOR
ATTEST:
•
CRAIC iAWS6N, CITY ADMINISTRATOR/CLERK
-2-
DESCRIPTION:
,LEGAL
Parcel 1: That part of Lot 1, Howard's Point, described as follows: Commencing at the
Northeast corner of Lot 3, Howard's Point; thence West along the South line -of said Lot 1 a
distance of 96.20 feet; thence North at a right angle 65.33 feet; thence East at a right angle, 6.00
feet; thence North 79 degrees East (Assuming the South line of said Lot 1 as bearing East and
West) 91.45 feet; thence North 70 degrees 01 minutes East to the shore line of Lake Minnetonka;
thence Southeasterly along said shoreline to the South line of said Lot 1; thence West along said
South line to the point of beginning, according to the recorded plat thereof.
ALSO
Parcel 2: That part of Lot 2, Howard's Point, lying Northerly of the following described line:
Commencing at the Northeast comer of Lot 3, Howard's Point; thence West along the North line
of said Lot 3 a distance of 60.8 feet; thence South at a right angle 37.15 feet; thence South 18
degrees 35 minutes East (Assuming the North line of said Lot 3 as bearing East and West) a
distance of 14.7 feet to the point of beginning of the line to be described; thence Northeasterly to
a point on the North line of said Lot 2 distant 188.2 feet East from the Northwest comer of said
Lot 2, and said line there terminating, according to the recorded plat thereof.
Subject to an easement for driveway and utility purposed over and across the West 30 feet of
Parcel 1 as measured from its most Westerly line and its Northerly extension as contained in
Hennepin County Recorder Document No. 4829058.
ALSO
Parcel 3: That part of Lot 3, Howard's Point, lying.Easterly of the following line: Beginning at a
point in the North line of said Lot, 100.8 feet West of the Northeast corner of said Lot; thence
South at right angles from said North line a distance of 43.7 feet; thence South 18 degrees 35
minutes East to the South line of said Lot; except therefrom a strip of land 40 feet in width lying
Easterly and Northeasterly of, measured. at a right angle to and immediately adjacent to the above
described line, and except that part of Lot 3 lying Southerly of the following described line:
Commencing at the Northeast comer of Lot 3, Howard's Point; thence Westerly along the
Northerly line thereof 60.8 feet; thence South at right angles from said North line 37.15 feet;
thence South 18 degrees 35 minutes East 14.7 feet to the point of beginning of the line to be
described; thence Northeasterly in a straight line to a point on the North line of Lot 2, said
Addition, said point being 188.2 feet East of the Northwest corner thereof, according to the plat
thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County.
Subject to easement for existing electric and/or telephone lines.
0
Exhibit A