97-026
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CITY OF SHOREWOOD
RESOLUTION NO. _2.L:...~Q...
A RESOLUTION DENYING AN APPEAL BY SCOTT CABALKA TO
KEEP A NONCONFORMING DOCK
WHEREAS, Scott Cabalka (Appellant) is the owner of property located on
Christmas Lake Road, said property being described as:
"That part of Lot 186 lying north of Registered Land Survey no. 471, Auditor's
Subdivision No. 120, Hennepin County, Minnesota."; and
WHEREAS, based upon neighborhood complaints the property was inspected
and found to have a number of dock structures where no principle dwelling exists on the
lot; and
WHEREAS, having received a zoning violation letter from the City ordering
removal of the dock structures, James Cabalka has filed an application for an appeal on
behalf of Scott Cabalka to keep the docks; and
WHEREAS, a public hearing was held and the application was reviewed by the
Planning Commission on 3 September 1996 and, after deliberation, the Planning
Commission recommended denial of the appeal; and
WHEREAS, the City Council at their regular meeting held on 16 December 1996
reviewed the material submitted by the Appellant, the recommendation of the Planning
Commission, the Planning Director's staff report, dated 29 August 1996, which report is
on file in the Shorewood City Hall, and correspondence from various residents and
property owners;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the Appellant's property is located in the R-IA/S zoning district which
requires that a principle dwelling be located on the lot in order to have a boat dock.
2. That the Appellant's property has inadequate size to build a home in
compliance with the requirements of the R-IA/S zoning district.
3. That prior to Scott Cabalka's ownership of the property, it was owned by
James Cabalka, who had previously owned an adjoining parcel to the south on which his
home was located.
4. That a survey prepared by Israelson & Associates in June of 1981 for James
Cabalka, has sufficient detail to show a dock on the Cabalka homestead parcel but does not
show any dock on the vacant, unbuildable parcel currently owned by Scott Cabalka.
5. That James Cabalka explains that the dock on the vacant parcel was not
shown on the 1981 survey because he directed the surveyor not to show it.
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6. That in correspondence to the Shorewood Planning Commission, dated
3 March 1981, James Cabalka mentions a proposed use of the property including building
a small boat dock on the site without an established residence.
7. That in order for the dock in question to be a legal nonconforming use, the
dock had to have been constructed prior to 21 January 1965 and continuously maintained
since that date.
8 . That the Appellant states that the dock was built prior to 21 January 1965
and has provided letters from past and present residents of Christmas Lake stating that a
dock had previously existed on the vacant parcel.
9. That letters have also been received from past and present residents of
Christmas Lake disputing that the dock was built prior to 1965.
10. That review of available old aerial photos on file at the University of
Minnesota, the City of Shorewood and the Minnesota Department of Natural Resources
does not reveal a dock on the vacant parcel until April 1985.
CONCLUSIONS
1 . That the Appellant has failed to provide adequate evidence demonstrating
that the dock currently located on the property existed before, and has been maintained
since, 21 January 1965.
2.
denied.
That the Appellant's appeal to keep the nonconforming dock is hereby
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
14th day of April, 1997.
ATTEST:
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{j0>>VW. C v[Jt.~
James q: Hurm, CIty AdmInIstrator/Clerk
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