02-026• CITY OF SHOREWOOD
RESOLUTION NO.02-026
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR TWO DWELLINGS ON ONE LOT
FOR MICHAEL CLAUSEN
WHEREAS, Michael Clausen (Applicant) is the owner of real property located at 26165
Birch Bluff Road 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 Applicant proposes 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 Applicant has requested such a
conditional use permit; 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
28 February 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 its regular meeting on 6 March 2002, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at its regular
meeting on 25 March 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
1. That the Property is located in an R-1C/S and R-1A/S, Single-family
Residential/Shoreland zoning districts and contains approximately 56,970 square feet of area.
2. That the property is currently occupied by a single-family dwelling.
3. That the new home will comply with all setback requirements of the R-1A/S
zoning district.
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• CONCLUSION
A. That the Applicant has 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. That based upon the foregoing, the City Council hereby grants the Applicant's
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:
The Applicant 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 Applicant 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 Applicant must use the Conditional Use Permit by 25 March 2003. 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.
D. That the City Clerk furnish the Applicant with a certified copy of this resolution
• for recording purposes.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of
March 2002.
ATTEST:
•
ADMINISTRATOR/CLERK
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• e
• Legal Description — Clausen Property:
Lot 7 Block 1, MANN'S ADDITION TO'BIRCH BLUFF LAKE MINNETONKA, according to the recored
plat thereof, Hennepin County, Minnesota, except the easterly 10 feet thereof.
Together with:
Lot 12 Block 1, said MANN'S ADDITION TO BIRCH . BLUFF LAKE MINNETONKA, except the easterly 10
feet thereof.
Together with:
Lot 6 Block 1, said MANN'S ADDITION TO BIRCH BLUFF LAKE MINNETONKA, except the west
26,74 feet thereof;
Together with:
Lots 13 and 14 Block 1, said MANN'S ADDITION TO BIRCH BLUFF LAKE MINNETONKA, -except
that part thereof described as follows:
All that part of Lot 14 Block 1; and the westerly 26.74 feet of Lot 13 Block 1, all in said
MANN'S ADDITION TO BIRCH BLUFF .LAKE MINNETONKA! lying northerly of the following described
line and its northeasterly extension:
Commencing at the southwest corner of said Lot 14; thence northerly along the
�westerly line of said Lot 14, a distance. of 62.12 feet to the point of beginning
f the line to be described; thence northeasterly, angle left 108 degrees 01 minutes
50 seconds, a distance of 97.63 feet to • the easterly line of said westerly 26.74 feet
of Lot 1.3 and there terminating.
Together with:
All that part of Block 8, said MANN'S ADDITION TO BIRCH BLUFF LAKE MINNETONKA, lying easterly
of the southerly extension of the west line of Lot 15 Block 1, said MANN'S ADDITION TO BIRCH
BLUFF LAKE MINNETONKA, and westerly of the southerly extension of the west line of the easterly
34.00 feet of said Lot 12.
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Exhibit A