99-090
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CITY OF SHOREWOOD
RESOLUTION NO. 99 -090
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR ADDITIONAL ACCESSORY SPACE
TO TORALD AND AMY KV ALSETH
WHEREAS, Torald and Amy Kvalseth (Applicants) are the owners of real
property located at 4980 Shady Island Circle, in the City of Shorewood, County of
Hennepin, legally described as:
"Lot 38, and the Southeasterly 31.00 feet of Lot 39, Shady Island, Lake
Minnetonka"; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the
construction of accessory space exceeding 1200 square feet; and
WHEREAS, the Applicants have applied to the City for a Conditional Use Permit
for the construction of a new home with attached garages, the area of which garages,
when combined with other accessory buildings on the property will be 1826 square feet;
and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in memoranda to the Planning Commission dated 3
September 1999 and 7 September 1999, which memoranda are 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 7 September 1999,
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 27 September 1999, 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
1. That the total proposed accessory space (1826 square feet) does not exceed
the floor area above grade of the principal structure (2396 square feet).
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2. That the total area of accessory space does not exceed 10% of the
minimum lot area for the R -1 A/S Zoning District in which it is located (4,000 square
feet).
3. That design and materials of the garages are consistent with the
architectural character of the proposed home.
4. That the proposed garages comply with all setback requirements for the
R-IA/S District.
5. That an existing accessory building near the shoreline is 30 feet too close
to the ordinary high water level of Lake Minnetonka
CONCLUSION
1. That the application of Torald and Amy K val seth for a Conditional Use
Permit as set forth herein above be and hereby is granted.
2. That this approval is subject to the following:
a.
That the proposed garages will be used strictly for purposes of a
residential nature.
b. That the Applicants are hereby advised that the City Code provides
specific regulations relative to home occupations and any future
use of the garage for other than allowable residential purposes
would have to comply with such regulations.
c. That, prior to the City inspecting the framing for the new house,
the existing nonconforming accessory building near the lake shall
be removed or moved into compliance with all setbacks for the R-
1 A/S zoning district.
d. That an existing larger accessory building on the property shall not
be converted to, or used as, a dwelling. Specifically, kitchen
facilities shall not be installed in the building.
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 Shorewood this lIth day of
October, 1999.
ATTEST:
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ODY LOVE, MAYOR
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JA S C. HURM, CITY ADMINISTRATOR
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