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99-060 . . . ~ CITY OF SHOREWOOD RESOLUTION NO. 99-060 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO DAVID KRACKER WHEREAS, David Kracker (Applicant) is the owner of real property located at 5640 Covington Road, in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicant has 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 2406 square feet; 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 2 July 1999, 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 6 July 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 26 July 1999, 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 total proposed accessory space (2406 square feet) does not exceed the floor area above grade of the principal structure (4618 square feet). 2. That the total area of accessory space does not exceed 10% of the minimum lot area for the R-1NS 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 -1 NS District. CONCLUSION 1. That the application of David Kracker 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 Applicant is 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 a nonconforming boathouse and a utility shed currently located on the property will be removed or moved into compliance with all setbacks for the R-1NS zoning district. . 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 9th day of August, 1999. Woody Love, Mayor ATTEST: Jam C. Hurm, City Administrator/Clerk . -2- .. . Legal description: That part of Government Lot 4, Section 36, Township 117, Range 23, Hennepin County, Minnesota, described as follows: Commencing at a point on the north and south quarter line of said Section 36, distant 793.00 feet north, measured along said quarter line, from the south line of said Government Lot 4; thence West, assuII.led bearing, parallel with the south line of said Government Lot 4, a . distance of 265.20 feet to the point of beginning of the tract of land to be described; thence northerly, parallel with said north and south quarter line, 9.00 feet; thence easterly to the centerline of Covington Road (formerly County Road between Solberg's Point and Chanhassen) along a line, if extended, would intersect the north and south quarter line of said Section 36 at a point distant 805.00 feet north, measured along said quarter line, from the south line of said Government Lot 4; thence northwesterly, along the center line of said Covington Road, to a point therein distant 988.90 feet north, measured at right angles, from the south line of said Government Lot 4; thence North 83 degrees 34 minutes 30 seconds West, 160.00 feet; thence South 87 degrees 55 minutes 30 seconds West to the shore of Christmas Lake; thence southerly, along the shore of said Christmas Lake to the intersection with a line drawn West from the point of beginning and parallel with the south line of said Government Lot 4; thence East, along last said parallel line, to the point of beginning . Exhibit A