04-085
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CITY OF SHOREWOOD
RESOLUTION NO. 04-085
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR ADDITIONAL ACCESSORY SPACE
TO INGRID SCHAFF AND TOM KELSEY
WHEREAS, Ingrid Schaff and Tom Kelsey (Applicants) are the owners of real
property located at 5705 Smithtown Way, in the City of Shore wood, 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 a detached garage which, when combined with existing accessory space on
the property, will bring the total amount of accessory space on the property to approximately
1539 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 2
September 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 their regular meeting on 7 September 2004, 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 27 September 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 total area of accessory space (1539 square feet) does not exceed the floor area
above grade of the principal structure (2295 square feet).
2. The Applicants' lot contains approximately 41,755 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-1C Zoning District in which it is located (2,000 square feet).
3. The design and materials ofthe garage are compatible with the architectural
character of the existing home.
4. The proposed garage complies with all setback requirements for the R -1 C District.
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CONCLUSION
1. The application of Ingrid Schaff and Tom Kelsey for a Conditional Use Permit as
set forth herein above be and hereby is granted.
2. That the Applicants are 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. 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 27th day of
September 2004.
Woody Love, Mayor
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1hot part of Lot I, eureka and Lots. 99, 100 and 101 of AUDITOR'S SUBDIVISION
NUMBeR 133, Hennepin County. Mt'nnesotci,- described as follows:
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Commenct'ng at a point on the South line of said Lot 1 distant 68.06 feet Easterly of the
Southwest comer of said Lot 1; .thence on an assumed bearing of North 0 degrees 10
mInutes 04 seconds West, paraTlel with the West line of saId Lot 1, a distance of 620.13
feet; thence South 89 degrees 49 minutes 56 seconds West a distance .of ~6.00 feet;
thence North 0 degrees 10 minutes 04 seconds West, a distance of 52.87 feet to a line
dlstant 25.00 feet Southerly of measl,lred at right angles to and parallel wlth the
Northwesterly line of said Lot 99, 100 and 101; thence South 48 degrees 54 minutes 34
seconds West along said parallel flne. a distance of 95.25 (eet to the point of beglnnlng:
thence South 47 degrees 07 minutes 59 seconds East, a distance of 175.08 feet to a poTnt
distant 491.70 feet North of and on a /lne, parallel with the .West line of sold Lot 1 drawn
North from a point on the South line of sald Lot 1 dt'stant 68.00 feet Easterly of the
Southwest comer thereoF. thence, South 0 degrees 10 minutes 04 seconds East, along sald
parallel/lne a dlstance of 14:3.31 feet; thence South 89 degrees 48 minutes 43 seconds
West, a dlstance of 334.07, feet; thence North 0 degrees 11 mlnutes 17 seconds West. a
distance of 84.20 feet to a /lne distant 25.00 feet Southerly of, measured at right angles to,
and parallel wlth the Northwesterly line of said Lot 99, 100 and 101,' thence North 48
degrees 54 mlnutes 34 seconds East along .said parallel ,tIne a distance of 272.81 feet to
the point of beginning.
1hat lies Easterly of the followlng described line:
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Commencing at a point on the South line of saId Lot 1 distant 68.06 feet easterly of the
Southwest comer of said Lot 1; thence on an assumed bearing 'of North 00 degrees 10
minutes 04 seconds West, parallel with the West line of saId Lot I, a dIstance of 348.39
feet; thence South 89 degrees 48 minutes 43 seconds West, a distance of 160.17 feet to
the point of beginning of the line to be described: thence North 20 degrees 32 minutes 29
seconds West, a distance of 189.57 feet to a Ilne distant 25.00 feet Southerly of. measured
at right angles to, and parallel wlth the Northwesterly line of said Lots 99. 100 and 101
and said line there terminatlng.
Exhibit A