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05-050CITY OF SHOREWOOD 46 RESOLUTION NO. 05-050 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO CLARK KENT HOMES WHEREAS, Clark Kent Homes, Inc. (Applicant) is the owner of real property located at 5835 Eureka Road, in the City of Shorewood, County of Hennepin, legally described as: "The south 12 2/3 rods of Lot 3, Meekers Outlots to Excelsior, Hennepin County, Minnesota"; 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 has applied to the City for a Conditional Use Permit for the construction of a detached garage which will have approximately 576 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 28 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 3 May 2005, 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 23 May 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 (1436 square feet) does not exceed the floor area above grade of the principal structure (3700 square feet). 2. The Applicant's lot contains approximately 1.5 acres, and the total area of accessory space on the property will not exceed 10% of the minimum lot area for the R-IA 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. 4. The proposed garage complies with all setback requirements for the R-lA District. -1- CONCLUSION 46 a. The application of Clark Kent Homes, Inc. for a Conditional Use Permit as set forth herein above be and hereby is granted. • E b. This approval is subject to the following: 1. The proposed garage 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 for other than allowable residential purposes would have to comply with such regulations. C. 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 of Shorewood this 23rd day of May 2005. dL' Woody Love, Mayor ATTEST: -2-