03-094
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CITY OF SHOREWOOD
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RESOLUTION NO. 03-094
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR ADDITIONAL ACCESSORY SPACE
TO GARY AND ELAINE JARRETT
WHEREAS, Gary and Elaine Jarrett (Applicants) are the owners of real property located
at 5315 Howard's Point Road, in the City of Shore wood, County of Hennepin, legally described
in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicants have applied to the City for a Conditional Use Permit for the
expansion of the attached garage on their home, the area of which will bring the total area of
accessory space on the property up to 1300 square feet; 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' request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 2
October 2003, 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 October 2003, 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 October 2003, 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 subject property is located in the R-1NS, Single-family
ResidentiallShore1and zoning district and contains approximately 52,421 square feet of area.
2. The total proposed accessory space (1300 square feet) does not exceed the floor
area above grade of the principal structure (4929 square feet).
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3. The total area of accessory space does not exceed 10% of the minimum lot area
for the R-1NS zoning district in which it is located (4000 square feet).
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.
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4. The design and materials of the proposed attached garage are consistent with the
architectural character of the existing home.
5.
district.
The proposed attached garage complies with all setback requirements for the R-1NS zoning
CONCLUSION
A. That the application of Gary and Elaine Jarrett for a Conditional Use Permit as set forth
herein above be and hereby is granted.
B. This approval is subject to the Applicants submitting a plan demonstrating total hardcover
on the property including the proposed garage addition. The plan must indicate where hardcover will be
reduced so that the total amount does not exceed 25 percent of the lot area. The plan is subject to review
and approval by the Planning Director and must be accompanied by a cash escrow or letter of credit
guaranteeing that the property will be in compliance by 1 June 2004.
C. 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.
D. That the City Administrator/Clerk is hereby authorized and directed to provide the
Applicants with 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 SHOREWOOD this 2ih day of October 2003.
WOODY LOVE, MAYOR
ATTEST:
. A WSON, CITY ADMINISTRATOR/CLERK
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LEGAL DESCRlPTION:
All that part of Lots 4, 10, 11, 12 and of Elm Court and Maple Avenue, vacated, Howard's Point, described as
follows: Commencing at the Southeast comer of Lot 7, Howard's Point; thence Southwesterly along the
Northwesterly line of said Maple A venue a distance of 172.1 feet; thence Southeasterly deflecting to the left at an
angle of 31 degrees 25 minutes from the last described course, a distance of 38.37 feet more or less, to the center line
of said Maple Avenue; thence Northeasterly along the center line of said Maple Avenue a distance of 74.03 feet to the
actual point of beginning of the parcel to be described; thence on an assumed bearing of South 17 degrees 45 minutes
12 seconds West along said center line of Maple Avenue a distance of 64.44 feet to an intersection with a line 5 feet
northeasterly from and parallel to the northeasterly right-of-way of Maple Avenue; thence South 13 degrees 39
minutes 48 seconds East along said parallel line a distance of 47.96 feet to an angle point in said parallel line; thence
South 17 degrees 45 minutes 12 seconds West, along said parallel line, which lies 5 feet east of the east right of way,
.Mistance of 44.71 feet to a point, which bears North 88 degrees 59 minutes 18 seconds East from a.point on the east
.t-of-way of Maple Avenue, which lies 396.91 feet northeasterly from the southwest corner of Lot 15, Howard's
Point; thence North 88 degrees 59 minutes 18 seconds East a distance of 95.59 feet; thence North 31 degrees 09
minutes 42 seconds East a distance of 359 feet more or less to the shoreline of Lake Minnetonka;'thence northwesterly
along said shoreline a distance of 145 feet more or less to an intersection with. a line drawn from the point of
beginning northeasterly through a point on the South line of Lot 4, Howard's Point distant 91.2 feet easterly from the
northeast comer of Lot 6, Howard's Point; thence South 31 degrees 08 minutes 39 seconds West a distance of300 feet
more or less to the point of beginning; all according to the plat thereof on file or of record in the office ofthe Register
of Deeds in and for Hennepin County, Minnesota.
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Exhibit A