02-071• CITY OF SHOREWOOD
RESOLUTION NO.02-071
A RESOLUTION GRANTING AN INTERIM CONDITIONAL USE PERMIT
FOR DAN OHLAND
WHEREAS, Daniel and Keelo Ohland, (Applicants) are the owners of real property
located at 25070 Smithtown Road (Subject Property) in the City of Shorewood, County of
Hennepin, State of Minnesota, legally described on Exhibit A, attached; and
WHEREAS, the Applicants home is located on the Subject Property together with a
landscape business owned and operated by the applicants, which constitutes a
nonconforming use within the R-1C, Single -Family Residential zoning district as
established by the Shorewood Zoning Code, and;
WHEREAS, the Shorewood Zoning Code prohibits the enlargement, extension,
intensification or expansion of nonconforming uses; and
WHEREAS, the Shorewood Zoning Code provides for interim conditional use permits
which provide a mechanism for allowing changes to nonconforming uses contingent upon a
plan for cessation of said nonconforming use within a specified period of time; and
• WHEREAS, the Applicants have requested an Interim Conditional Use Permit,
allowing them to remodel and enlarge their existing home, in agreement for discontinuance of
any type of commercial activity on the Subject Property after three years; 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, Mayor
and City Council, dated 9 July 2002, which memorandum is on file at the Shorewood 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 16 July 2002, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicants' request for an Interim Conditional Use Permit was
considered by the City Council at their regular meeting on 22 July 2002, at which time the
Planner's comments 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
e
1. The subject property is located in a R-1C, Single -Family Residential zoning
district and is surrounded by residentially zoned property.
• 2. The Subject Property contains approximately 84,410 square feet of area.
3. The Subject Property is occupied by the Applicants' home and their landscaping and
excavation business.
4. The Applicants propose to remodel and expand their home and have agreed to cease
doing business on the property within three years of the City Council's approval of this
permit.
CONCLUSIONS
1. Based upon the foregoing, the City Council hereby grants the Applicants'
request for an Interim Conditional Use Permit subject to the following:
a. The Applicants shall cease doing business within three years of the date of the issuance
of the building permit for the remodeling and expansion of their home.
b. The Applicants agree to execute an Interim Use Agreement, attached hereto as Exhibit
B, and made a part hereof.
• 2. That the City Clerk is hereby authorized and directed to provide a certified copy of this
Resolution and the Interim Use Agreement for filing with the Hennepin County Recorder or
Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of
August 2002.
ATTEST:
WOODY LOVE, MAYOR
BRADILEY J. NIEL , ACTI G CITY ADMINISTRATOR
•
•
Legal description:
PARCEL 1: That part of the East 111.1 feet of Lot 17, Auditor's
Subdivision Number One Hundred Thirty -Three (133), Hennepin
County, Minnesota, lying Northerly of a line drawn parallel to and
distant 571 feet South of the North line thereof. Together with an
easement for driveway purposes over the West 16.5 feet of that part
of said Lot 17 lying Southerly of the Northerly 571 feet thereof as
contained in deed Doc. No. 408851, Files of Registrar of Titles;
PARCEL 2: Tract C Registered Land Survey No. 1190, Files- of
Registrar of Titles, County of Hennepin.
is
is
Exhibit A
• CITY OF SHOREWOOD
INTERIM USE AGREEMENT
25070 Smithtown Road
This Interim Use Agreement dated this / 14" day of November, 2002, by and between Daniel
and Keelo Ohland and the City of Shorewood (the "City") a Minnesota municipal corporation.
WHEREAS, Daniel and Keelo Ohland, (Applicants) are the owners of real property
located at 25070 Smithtown Road (Subject Property) in the City of Shorewood, County of
Hennepin, State of Minnesota, legally described on Exhibit A, attached; and
WHEREAS, the Applicants home is located on the Subject Property together with a
landscape business owned and operated by the applicants, which constitutes a
nonconforming use within the R-1C, Single -Family Residential zoning district as
established by the Shorewood Zoning Code, and;
WHEREAS, the Shorewood Zoning Code prohibits the enlargement, extension,
intensification or expansion of nonconforming uses; and
WHEREAS, the Shorewood Zoning Code provides for interim conditional use permits
• which provide a mechanism for allowing changes to nonconforming uses contingent upon a
plan for cessation of said nonconforming use within a specified period of time; and
WHEREAS, the Applicants have requested an Interim Conditional Use Permit,
allowing them to remodel and enlarge their existing home, in agreement for discontinuance of
any type of commercial activity on the Subject Property after three years; 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, Mayor
and City Council, dated 9 July 2002, which memorandum is on file at the Shorewood 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 16 July 2002, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicants' request for an Interim Conditional Use Permit was
considered by the City Council at their regular meeting on 22 July 2002, at which time the
Planner's comments and the minutes of the Planning Commission were reviewed and comments
were heard by the Council from the City staff.
NOW, THEREFORE, the parties agree as follows:
1. The Subject Property is occupied by the Applicants' home and their landscaping and
• excavation business.
Exhibit B
• 2. In consideration of City approvals to expand their home, Applicants agree to cease
doing business on the Subject Property and remove all materials and equipment
associated with the business from the Subject Property within three years of the
issuance of the building permit for the expansion of the Applicants' home.
3. The Applicants agree to reimburse the City for all expenses associated with the
enforcement of this Agreement.
4. The Applicants must use this permit and apply for a building permit by 22 July 2003 or
this Agreement is considered void.
5. That the City Clerk is hereby authorized and directed to provide a certified copy of this
Resolution and the Interim Use Agreement for filing with the Hennepin County Recorder
or Registrar of Titles.
CIl
_ B
Daniel Ohland
Y 2 2,k - nk��
eelo Ohland
787786.1
• -2-
Its: M A V o C
E
Legal description:
PARCEL 1: That part of the Egst 111.1 feet of Lot 17, Auditor's
Subdivision Number One Hundred Thirty -Three (133), Hennepin
County, Minnesota, lying Northerly of a line drawn parallel to and
distant 571 feet South of the North line thereof. Together with an
easement for driveway purposes over the West 16.5 feet of that part
of said Lot 17 lying Southerly of the Northerly 571 feet thereof as
contained in deed Doc. No. 408851, Files of Registrar of Titles;
PARCEL 2: Tract C Registered Land Survey No. 1190, Files. of
Registrar of Titles, County of Hennepin.
•
•
Exhibit A