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02-066• RESOLUTION NO. 02-066 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND SETBACK VARIANCE FOR THE LAKE FELLOWSHIP UNITARIAN CHURCH WHEREAS, the Lake Fellowship Unitarian Church (Applicant) is the owner of real property located at 24575 Glen Road (the Subject Property) in the City of Shorewood, legally described as: "Lot 20, 21, and 22, Manitou Glen, according to the record thereof, Hennepin County, Minnesota."; and WHEREAS, the Applicant has applied for a conditional use permit and a setback variance for the parking lot in front of the church; and WHEREAS, Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in memoranda to the Planning Commission dated 9 January 2002 and 11 July 2002, which memoranda are on file at City Hall; and • WHEREAS, after required notice, public hearings were held and the application was reviewed by the Planning Commission at their regular meetings on 15 January 2002 and 16 July 2002, the minutes of which meetings are on file at City Hall; and WHEREAS, Applicant's request for a conditional use permit and variance were considered by the City Council at their regular meeting on 22 July 2002, at which time the Planner's memoranda 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 The Subject Property is located in an R-1C single-family residential zoning district. 2. The Subject property consists of three parcels of land totaling 2.958 acres, part of which is occupied by a wetland basin. 3. The City Zoning Code requires a 35-foot front yard setback for buildings and parking facilities. r1 U 4. An existing gravel parking lot on the property encroaches into the front yard setback area by as much as 28 feet and the Applicant has paved the parking lot without obtaining the necessary approvals by the City or the Minnehaha Creek Watershed District. 5. The Applicant has provided evidence from a registered professional engineer advising that the soils located in the area where the parking lot is required to be are not suitable to support a parking lot or the perimeter curbing required by the City Code. 6. The Applicant has landscaped the area between the parking lot and Glen Road, and has installed large logs at the perimeter of the parking lot in lieu of curbing. 7. The Applicant agrees to stripe the parking lot in accordance with City zoning requirements. The Applicant agrees to legally combine the three existing parcels of land. 9. The Applicants landscape plan minimizes the impacts of the setback variance on the street and adjoining properties. CONCLUSIONS 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 setback variance as set forth above. 3. That based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit subject to the following: a. Grading, drainage and erosion control shall comply with the recommendations of the City Engineer and the Minnehaha Creek Watershed District. b. Landscaping and site improvements must maintain a 30-foot site triangle on both sides of the entrance driveway into the parking area. C. The parking lot shall be striped and the three parcels of land must be legally combined by 31 August 2002. d. The Applicant agrees at all times to maintain the large logs that form the perimeter of the parking lot, replacing them as directed by the City. 4. The City 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. -2- • • ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of August, 2002. J N GARF EL, ACII G MAYOR ATTEST: BRADLEY J. EN, A ING ADMINISTRATOR -3-