05-074• CITY OF SHOREWOOD
RESOLUTION NO. 05-074
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 28
July 2005, 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 2 August 2005, 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 22 August 2005, 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 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-1C zoning district in
which it is located.
• 3. That the proposed building plan illustrates a three-story structure, 36.5 feet in
height, whereas residential structures are limited to 2.5 stories and 35 feet.
4. That the proposed house and attached garage will comply with all of the setback
requirements of the R-lC zoning district.
the lot.
5. That the Applicant has designed a new house to fit within the irregular shape of
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 condition:
a. The applicant revise the building plans to comply with height requirements
provided in the Zoning Code.
• 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.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of
August 2005.
ATTEST:
is
awson, City Administrator
Woody Love, Mayor
2
PROPERTY DESCRIPTION
Lot 14, EXCEOT that part thereof lying north, of a line drawn paralld. with and distant 18
fee_ South of the North line thereof, Auditor's Subdivision One Hundred Thirty-three
(133), Hennepin County, Minnesota.
• *Und'erlying 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 d point In the West line of said Qual+ter Section at Northerly right
of way line of Minneopol.is and St. Louis Railroad Company, said point being
distane 826.3 feet North from Southwest Comer of said Quarter Section; thence
North along said .Test line of said Quarter Section 194,33 feet; thence at right
onales 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
said descried Piece and .distant 18 feet South of'.said North lisle, according to the
United States Government Surrey thereof..
f Property description fumisheci by client; no title 'work furnished to surveyor.*
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Exhibit A