04-068CITY OF SHOREWOOD
RESOLUTION NO. 04-068
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR TWO DWELLINGS ON ONE LOT
FOR CHRIS AND GRETCHEN SEBALD
WHEREAS, Chris and Gretchen Sebald (Applicants) are the owners of real property
located at 20625 Garden Roads in the City of Shorewood, County of Hennepin, legally described
in Exhibit A (the Property), attached hereto and made a part hereof; and
WHEREAS, the Applicants propose 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 Applicants have requested such a
conditional use permit; 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
29 July 2004, 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 3 August 2004, 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 9 August 2004, 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 Property is located in an R-IA, Single-family Residential zoning district and
contains approximately 44,885 square feet of area.
2. The property is currently occupied by a single-family dwelling and two
outbuildings.
district.
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3. The new home will comply with all setback requirements of the R-lA zoning
CONCLUSION
• A. The Applicants have 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. Based upon the foregoing, the City Council hereby grants the Applicants' 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:
l . The Applicants 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 insure that the
structure will be removed within a specified time.
2. The Applicants 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 9 August 2005. 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, or by 31
May 2005, whichever is later.
• 4. The Applicants must remove the nonconforming accessory buildings currently
located on the property prior to receiving a certificate of occupancy for the new
dwelling. The southerly accessory building may be moved on the property in
compliance with R-lA setback requirements.
D. That the City Clerk furnish the Applicants with a certified copy of this resolution
for recording purposes.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of
August 2004.
WOODY LOVE, MAYOR
ATTEST:
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