98-040
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CITY OF SHOREWOOD
RESOLUTION NO. 98- 040
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR
A SPECIAL HOME OCCUPATION PERMIT TO
NANCY WILLIAMS
WHEREAS, Nancy Williams (Applicant) has an interest in certain real property located at
26270 Smithtown Road in the City of Shorewood, County of Hennepin, State of Minnesota,
legally described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicant proposes to build a detached accessory building on the
property in which building she intends to operate a cat boarding business; and
WHEREAS, the Shorewood Zoning Code requires a conditional use permit to conduct a
home occupation within an accessory building; 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 13
April 1998, 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 21 April 1998, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicant's request for a conditional use permit was considered by the
City Council at their regular meeting on 27 April 1998 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 Subject Property is located in an R-IA, Single-Family Residential zoning
district and contains approximately 76,800 square feet of area.
2. That the Applicant proposes to build a detached, 24'x30' building to the north and
east of the existing home on the property, as shown on Exhibit B, attached hereto and made a part
hereof.
3. That the cat boarding building will contain 720 square feet of area, which, when
combined with the area of an existing garage and a small utility shed, brings the total area of
accessory space on the property to 1084 square feet.
4. That the property is accessed from Smithtown Road which is classified as a
collector street.
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5 . That the Applicant proposes to construct a "T" type turnaround on the west side of
the existing driveway so that cars do not have to back out into Smithtown Road.
6. That the Applicant proposes that all sanitary waste generated by the cat boarding
business will be stored in sealed garbage bags inside trash containers inside the building.
7. That the Applicant proposes to stagger appointments for drop-off and pick-up to
minimize potential parking and congestion problems.
8 . That use of an accessory building for a home occupation requires a Special Home
Occupation Permit which is subject to the conditional use requirements of the Shorewood City
Code.
CONCLUSIONS
1. That based upon the foregoing, the City Council hereby grants the Applicant's
request for a conditional use permit for a Special Home Occupation Permit.
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That this approval is subject to the following conditions:
The Applicant should frame the proposed accessory for future conversion to garage
space.
The driveway turnaround must be completed prior to occupancy of the new
building.
The proposed building must be constructed in compliance with the Minnesota State
Building Code.
Appointments for drop-off and pick-up of cat clientele should be staggered to
minimize congestion and parking demand.
Hours of drop-off and pick-up shall be limited to between 7:00 a.m. and 8:00 p.m.
The maximum number of cats to be boarded at any given time shall be 20.
All sanitary waste must be stored in sealed bags, inside trash containers, inside the
proposed building.
The application shall be reviewed in one year after the business opens to review any
complaints received by the City. After the first annual review the application shall
subsequently be reviewed every three years.
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4. 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 11th
day of May, 1998.
ATTEST:
JA
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LEGAL PESCRIPtlON
THAT PART OF LOTS 88 AND 111. AUDITORS SUBDMSION NUMBER
ONE HUNDRED THIRTY-THREE (133): DESCRIBED AS FOLLOWS:
COWENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER (SW 1/4 OF NE 1/4) OF SECTION 32.
TOWNSHIP 117, RANGE 23; THENCE 'WEST A DISTANCE OF 392.5 FEET
TO THE POINT. OF BEGINNING OF LAND TO BE DESCRIBED; THENCE
NORTH A DISTANCE OF 398 FEET; THENCE WEST A DISTANCE OF 498.5
FEET: THENCE SOUTH A DISTANCE OF 398 FEET: THENCE EAST A DISTANCE
OF 498.5 FEET. YORE OR LESS, TO THE POINT OF BEGINNING. EXCEPT THE
WEST 199 FEET OF THE NORTH 90 FEET OF THE SOUTH 265 FEET OF SAID
LOT 88 AND EXCEPT THE WEST 200 FEET OF THE ABOVE DESCRIBED
PART OF LOT 88 LYING NORTH OF SAID SOUTH 265 FEET.
EXCEPT THE EAST 176.00 FEET OF THAT PART OF THE ABOVE
DESCRIBED TRACT LYING NORTHERLY OF THE CENTERUNE OF
SYITHTOWN ROAD, AS DESCRIBED IN DOctnlENT NO. 1061490,
FILES OF THE REGISTRAR OF TITLES, AND EXCEPT THAT PART
OF SAID LOTS LYING SOUTH OF THE ROADWAY EASEYENT DESCRIBED
IN DOCIDLENT NO. 1061490. FILES OF REGISTRAR OF TITLES, ACCORDING
1'0 THE PLAT THEREOF ON FILE OR OF RECORD IN THE OFFICE OF
THE REGISTRAR OF TITLES IN AND FOR SAID COUNTY.
(TORRENS PROPERTY)
Exhibit A