03-003CITY OF SHOREWOOD
RESOLUTION NO. 03-003
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
AND LOT AREA VARIANCE
TO BUILD ON A SUBSTANDARD LOT
TO CRAIG BUECHLER
WHEREAS, Craig Buechler (Applicant) is the owner of the real property located at 5655
Country Club Road in the City of Shorewood, County of Hennepin, legally described in Exhibit
A, attached hereto and made a part hereof, and
WHEREAS, the property does not conform to the lot area requirements of the R-1C,
Single -Family Residential zoning district, in which it is located; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit to build on a
substandard lot; and
WHEREAS, the Applicant has applied to the City for a Conditional Use Permit and
variance to the lot area requirement for the construction of a single-family home on the property;
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 2
December 2002, 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 December, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at their regular
meeting on 16 December 2002, 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
That the lot is under separate ownership from adjoining properties.
2. That the lot contains 12,567 square feet of area, is 117 feet wide at the building
line, and does not meet at least 70 percent of the required lot area for the R-lC zoning district in
. which it is located..
• 3. That the proposed improvements to the property amount to 36 percent lot
coverage, whereas 33 percent lot coverage is allowed.
4. That the existing structure on the property is a two-family dwelling which
constitutes a nonconforming use in the R-1C district.
5. That the existing house on the property does not comply with R-lC setback
requirements and encroaches into the right-of-way of Eureka Road.
6. That the proposed house and attached garage will comply with all of the setback
requirements of the R-lC zoning district.
7. That the existing house on the property does not comply with current building
code requirements.
8. That the Applicant has designed the new house to fit the irregular shape of the lot.
9. That on 28 October 2002, the City Council conducted a public hearing for the
condemnation of the existing structure and adopted orders to secure a hazardous building and to
remove or repair a hazardous structure.
CONCLUSION
• 1. That the Applicant has satisfied the criteria for the grant of a variance under
Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined
by Minnesota Statutes Section 462.375, Subd. 6(2).
•
2. That based upon the foregoing, the City Council hereby grants the Applicant's
request for a conditional use permit and lot area variance to construct a single-family dwelling,
subject to the following conditions:
a. The amount of impervious surface on the proposed building plans will be
reduce to no more than 33 percent of the lot area.
b. That the Applicant shall remove the existing house on the property by 15
June 2003. Failure to comply with this deadline shall result in the City
continuing the condemnation process for the property.
3. 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.
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• ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWO this 13th day of
January 2003. /
•
WOODY LOVE, MAYOR
ATTEST:
CRAIG/*/bAWSON, CITY ADMINISTRATOR/CLERK
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PROPERTY DESCRIPTION
Lot 14, EXCEPT that part .thereof lying north of a line drawn parallel with and distant 18
feet South of the North line thereof, Auditors Subdivision One Hundred Thirty-three
• (133), Hennepin County, Minnesota.
*underlying description of Lot 14*
All that part of the Southwest Quarter of the Northwest Quarter of Section 33, Township
117, Range 23, Hennepin County, Minnesota, described as follows:
Commencing at a point 'in the West line of sold Quarter Section at Northerly right
of way lute of Minneapolis and St. Louis Railroad Company, sold point being
distant 826.3 feet forth from Southwest Corner of sold Quarter Section; thence
North along sald .West line of sold Quarter Section 114.33 feet; thence: at right
angles East 224.21 feet to a point in the Northerly line of said Railroad right—of—
way; thence Southwesterly along said Northerly line to place of beginning,
EXCEPT that portion .thereof lying North of, a line parallel to the North line of
sold descrlDed piece and distant 18 feet South of.said North line, according to the
United States Government Survey thereof..
* Property description furnished by client, no title work furnished to surveyor.*
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Exhibit A