97-039
.
.
.
.
~
CITY OF SHOREWOOD
RESOLUTION NO. 97-39
A RESOLUTION GRANTING CONDITIONAL USE PERMITS FOR
ACCESSORY SPACE IN EXCESS OF 1200 SQUARE FEET, A SPECIAL HOME
OCCUPATION PERMIT AND A SPECIAL USE FENCE TO
JAY AND DORY VENERO
WHEREAS, Jay and Dory Venero (Applicants) are the owners of certain real property
located at 5985 Seamans Drive 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 Applicants propose to build a garden shed and greenhouse structure
which will be used, in part for their gardening business; and
WHEREAS, the total amount of accessory space of the new structure, when combined
with existing accessory space on the property will exceed 1200 square feet of area, for which the
Applicants have requested a conditional use permit; and
WHEREAS, the Shorewood Zoning Code requires a conditional use permit to conduct a
home occupation within an accessory building; and
WHEREAS, the Applicants have experienced problems with deer damaging their nursery
stock and they propose to erect a fence which is higher than six feet to protect their plants; and
WHEREAS, the Shorewood Zoning Code requires a conditional use permit for special
purpose fences; and
WHEREAS, the Applicants' request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 25
March 1997, 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 1 April 1997, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicants' request for conditional use permits was considered by the
City Council at their regular meeting on 12 May 1997 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 82,522 square feet.
2. That the existing home on the property contains approximately 1862 square feet of
floor area above grade.
.
.
.
1
3.
That an existing garage on the property contains approximately 1210 square feet of
area.
4. That the Applicants currently conduct a small gardening business, pursuant to a
Limited Home Occupation Permit which has been issued by the City.
5 . That the Applicants propose to build a combination garden shed and greenhouse
and a fenced enclosure at the rear of the property, as shown on Exhibit B, attached hereto and
made a part hereof.
6. That the garden shed/greenhouse will contain 1500 square feet of area, which,
when combined with the area of the existing garage, brings the total area of accessory space on the
property to 2710 square feet.
7. That the Shorewood Zoning Code prescribes four criteria for granting conditional
use permits for accessory space in excess of 1200 square feet, and following is how the
Applicant's request complies with the Code:
a. The proposed area of accessory space (2710 square feet) exceeds the floor area
above grade of the proposed home (1862 square feet).
(1) The property contains more than 80,000 square feet of area (82,522 square
feet).
(2) The proposed side yard setbacks for the garden shed/greenhouse are more than
double that required for the R-IA zoning district (60 feet north; 145 feet south).
(3) The Applicants have agreed to submit a landscape plan to be approved by the
City Council.
(4) The total amount of accessory space on the property (2710 square feet) will not
exceed seven percent (7%) of the minimum lot size for the R -IA zoning district
(.07 x 40,000 =2800 square feet).
b. The total amount of accessory space does not exceed ten percent (10%) of the
minimum lot size for the R-IA zoning district.
c. The proposed garden shed/greenhouse structure complies with the height and
setback requirements of the R-IA zoning district. Grading and site alteration
necessary to accommodate the new building will be minimal.
d. The architectural character and materials for the proposed building will be consistent
with the character of the existing home and the neighborhood in which it is located.
8. That the proposed wood lattice fence will be eight feet in height, with three-foot
horizontal cross members designed to discourage deer from damaging the enclosed garden area.
9. 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.
2
J
"
.
CONCLUSIONS
1 . That based upon the foregoing, the City Council hereby grants the Applicants'
request for conditional use permits for accessory space in excess of 1200 square feet of area, a
Special Home Occupation Permit and a special purpose fence.
c.
d.
e.
f.
. g.
h.
2. That this approval is subject to the following conditions:
a. The property shall not be reduced from its current size.
b. The greenhouse portion of the proposed building will be constructed such that no
less than seventy-five percent (75%) of its exterior walls and roof surface area are
of glass or similar transparent or translucent rigid material.
The proposed building must be constructed in compliance with the Minnesota State
Building Code.
The use of fertilizers and pesticides shall comply with the applicable rules and
regulations of the Minnesota Department of Agriculture
Lighting within the greenhouse portion of the building shall be turned off between
the hours of 9:00 p.m. and 6:00 a.m.
Heating for the building shall be limited to natural gas, LP, or electric appliances,
but not including woodburning appliances.
The Applicants shall submit a landscape plan providing coniferous shrubbery
located so as to break up the visual mass of the fenced-in enclosure.
The Applicants shall comply with the requirements of the Special Home Occupation
Permit contained in the Shorewood Zoning Code, except that:
(1) The Applicants have agreed to limit the number of customers or clients to
one at a time.
(2) The Applicants have agreed that employees of the home occupation shall be
limited to those people who reside on the premises.
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 12th
day of May, 1997.
ATTEST:
.~
~
.
J
c~
3
.
.
.
1
Legal Description:
"Lot 70, except the North 2 acres thereof, Auditor's Subdivision Number 133, Hennepin
County, Minnesota, also the South 13 feet of the North 2 acres of Lot 70, Auditor's
Subdivision Number 133, Hennepin County.
AND
The South 276.01 feet of the most westerly 14 feet of Lot 50, Auditor's Subdivision Number
133, Hennepin County, Minnesota, as measured along and at right angles to the most westerly
line of said Lot 50."
Exhibit A
l -~b~\ c-~~~ ~J,_ .Un..~
\'" ~~\ ~_n..' _-_-..----1..
. o. "'""I ,.,..--)C-Jil-lil'
t--- .....,.--2-- '<-IZ~u< '!fnos, r
it (( l "':) ~"'''-/~~f;:o-'-' It
t ' r,-:- --L1- ~ '"
(~ _~ )1 ~I "._~~ "i -CC~-'( I'; j j~
,i.oJ. -",,,~. ,\ f>o~
{ r) r > 1~ ~.l Ii
Q~ \\<~ '--.J ;:! j ~J I~
, -:..., ) ~~ !:.c 1 'J
'<:il . po. A~ , .~ II : :1
U( f1h~il~!~ ~ ~. ~l"/~t j
) ,L ~ '" -, I - --, 5~ 1 Q
oO'S.'"
r~ j ""~ '^ ~ '. 1 ~ )~
~{ fr,:\ -0 (~~ \ ~.<!
(~ ",LV '0 '" _ (1';h
(J I r.--M;: n<yj /~~1
Im"&?: __I .~ cO
(~ ~~
( / ~l~
't.. J~
( ~z
q 9'86 (__J" -_.~.
~ { 1\ J f ---
~. -1 ".. 25
X : l~ ~~
. ~ t:; ~ >. (
~ ~.\~ ~~ 2~~~ \
LU ,c.) ~~/2\ ~t~ ~
, i U j'&~~\1~~'-1L \.~
~~,,;.. ~~~
, --t .. , ..
')1'
~
<-
(-,
'-.J
---
.
I
r--
~~
Q- ~
r .0
\-... 0 :
~ _ot>{ :
co
~
tI)
~
G_
I
ld
~..J
. =,
~~ ~
~~ ~h
Z "
.-l
~t
~\ j
~~ ~
~ f1
\ [~
~
\ ~1
~ (~J-
J'-t " ". (~~ ~j
~ ~'~ .y ~u
.:::\7 'I~:
1~~( ? i \:
~ ~0"!Q"" r'" ~
01i (or: .....-
lfl~
o (()
*1 ~
\.. -
.... ~
I:
\!
!U
\ i
j\
\
" ...
,}~
-S'
,,:r
-s->
<:
)01
{0
~"
'it
",,\-
Q
.,'
..-,
\,-.>
OL 107 JO
Exhibit B
~~
:Be...
:a
><
D:-lv.l