03-061CITY OF SHOREWOOD
• RESOLUTION NO. 03-061
A RESOLUTION DENYING SHOREWOOD YACHT CLUB REQUESTS FOR
AMENDMENTS TO L-R ZONING DISTRICT PROVISIONS AND TERMS OF
CONDITIONAL USE PERMIT
WHEREAS, John Cross (Applicant), representing Minnetonka Moorings, Inc., has an
interest in the property (Subject Property) located at 600 West Lake Street, legally described in
Exhibit A, attached hereto and made a part hereof, and
WHEREAS, the Subject Property is subject to the requirements of the L-R, Lakeshore
Recreational zoning district, a conditional use permit as set forth in Shorewood City Council
Resolution No. 00-111, and a multiple dock facility license approved by the City Council at its
regular meeting of 28 April 2003; and
WHEREAS, both the L-R zoning district and the conditional used permit referenced
above limit the number of powerboats that may be kept at the Subject Property to four; and
WHEREAS, the Applicant has applied to the City for a zoning ordinance text amendment
and an amendment to the terms of the existing conditional use permit, eliminating the restrictions
relative to the number of powerboats that may be kept on the Subject Property; and
• WHEREAS, the Applicant's application was reviewed by the Shorewood Planning
Director, and his recommendations have been set forth in a memorandum to the Planning
Commission, Mayor and City Council, dated 29 May 2003; and
WHEREAS, a public hearing was held and the Applicant's application was reviewed by
the Planning Commission on 3 June 2003, the minutes of which meeting are on file at the
Shorewood City Hall;
WHEREAS, the Applicant's request was considered by the City Council at its regular
meeting on 28 July 2003, at which time the Planner's memorandum, the minutes of the Planning
Commission, and a findings of fact prepared by 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
The Subject Property is zoned L-R, Lakeshore Residential and is subject to a conditional
use permit as set forth in Shorewood City Council Resolution No. 00-111.
2. The Subject Property contains approximately 2.84 acres of land, separated through the
• middle by the Hennepin County Regional Railroad Authority right-of-way.
The Subject Property is located on Gideon's Bay, Lake Minnetonka.
• 4. Zoning and land use surrounding the Subject Property are as follows:
North: Lake Minnetonka
East: Minnetonka Portable Dredging Company; zoned C-4, Service Commercial
and single-family residential, zoned R-lA/S, Single and Two -Family
Residential
South: County Road 19, then commercial (The Garden Patch and Shorewood
Nursery); zoned C-4, Service Commercial and R-C, Residential
Commercial
West: Townhouse common area, then single-family residential; zoned R-1B/S,
Single -Family Residential/Shoreland
Land use zoned for single-family residential development is located adjacent to the Subject
Property.
6. Water access to the Subject Property is via a well-defined, dredged channel located
between two small islands known as Duck Island and Frog Island. Concerns have been
raised that additional powerboat traffic will accelerate erosion on the shorelines of those
islands.
7. A former sewage treatment plant, operated by the City of Excelsior, drained into Gideon's
Bay through the Subject Property. Concerns were raised about powerboat traffic churning
• phosphorous and other freshwater contaminants residing in the silt at the bottom of the
bay.
8. Residents have expressed concerns about additional powerboats adversely affecting the
safety for users of small boats in Gideon's Bay.
CONCLUSIONS
A. Based upon the findings contained herein, the City Council determines that the Applicant's
Plans are inconsistent with the following policies of the Shorewood Comprehensive Plan
2000 (hereinafter the "Plan") and hereby denies the Applicant's request for a zoning
ordinance text amendment:
The natural and aesthetic quality of Shorewood's lakeshore environment is to be
maintained and where possible improved. (Plan pg. NR-8)
2. Support shall be given to efforts aimed at reducing lake pollution. (Plan pg. NR-8)
Shorewood's lakeshore shall be protected from overintensification of use and
development. (Plan pg. LU-8)
4. Residential neighborhoods shall be protected from adverse environmental impacts,
• including noise, air and visual pollution. (Plan pg. LU-9)
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B. The City Council hereby denies the Applicant's requests for an amendment to its
conditional use permit be denied, since it is inconsistent with the Comprehensive Plan and
• the existing zoning of the Subject Property.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of
July, 2003. n
ATTEST:
•
n
U
WOODY LOVE, MAYOR
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Descriptions
Farce' -
That part of Government Lot 2, Section 34, Township 117, Range 23, described
as follows: Beginning at the intersection of the Southerly extension of the
• East line of Lot 24, "Auditor's Subdivision Number 313, Hennepin County,
Minnesota" with a line drawn parallel with and 25.00 feet Southerly from the
center line of the railroad track of the Chicago and North Western
Transportation Company (formerly the Minneapolis and St. Louis Railway
Company); thence Westerly along said parallel line a distance of 621.26 feet;
thence Southeasterly 29.64 feet, more or less, to a point which is on a line
drawn parallel with and 50.00 feet Southerly from center line of said railroad
track and 606.53 feet Westerly along the last described parallel line from the
Southerly extension of the East line of said Lot 24; thence Westerly along the
last described parallel line to the West line of said Government Lot 2; thence
South along said West line to the center line of 'County Road Number 19; thence
Northeasterly along the center line of County Road Number 19 to the Southerly
extension of the East line of said Lot 24; thence North along said extension
to the point of beginning, Hennepin County, Mikinesot'a.
Parcel 2:
That part of Government Lot 2, Section 34, Township 117, Range 23, described
as follows: Beginning at the intersection of the East line of Lot 24,
"Auditor's Subdivision Number 313, Hennepin County, Minnesota', with a line
drawn parallel with and 18.00 feet Northerly from the center line of the
railroad track of the Chicago and North Western Transportation Company
(formerly the Minneapolis and St. Louis Railway Company); thence Westerly
along said parallel line a distance of 639.27 feet; thence Northwesterly to
the Southwest corner of Lot 25, 'Auditor's Subdivision Number 313, Hennepin
County, Minnesota'; thence Eastsrly along the Southerly line of said Lot 25 to
the Southerly extension of the East line of said Lot 24; thence South along
said extension to the point of beginning.
Except, that portion of the above parcels 1 and 2 embraced within Lot 297
Auditor's Subdivision Number 135 Hennepin County, Minnesota.
• Farceli3:
That part of Lot 25 lying Westerly of the following described line:
Commencing at.the Southeasterly corner of Lot 24; thence South along the East
line of said Lot 25 a distance of 24.30 feet; thence deflecting right 79
degrees 25 minutes 40 seconds a distance of 406.48 feet; thence deflecting
right 9A degrees 49 minutes 20 seconds to a point on the Southerly line of
said Lot 25 which is the true point of beginning of the line being described;
thence continuing along last described line to the shore line of Lake
Minnetonka and there ending, "Auditor's Subdivision Number 313, Hennepin
County, Minnesota."
•
Together with a 12 foot easement for road purposes, the center line of which
is described as follows; Commencing at the Southeast corner of Lot 24 of
said Auditor's Subdivision; thence South along the East line of said Lot 25, a
distance of 24.30 feet to the point of beginning of the line being described;
thence deflecting right 81 degrees 99 minutes a distance of 379.0 feet; thence
deflecting right 58 degrees 52 minutes a distance of 46.06 feet to a point on
the last line of above -described property and there ending, as shown in deed
Document Number 1052891, Files of Registrar of Titles; (as to parcel 3)
Parcel 4:
That part of Government Lot 1, Section 34, township 117, Range 23, described
as Lot 293, Auditor's Subdivision No. 135 and adjacent 60 feet of
Minneapolis and St. Paul Suburban Railway abandoned right-of-way (NOTE: Lot
293 all under water).
Exhibit A