95-102
.
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 95-102
A RESOLUTION GRANTING A VARIANCE TO TEMPORARILY ALLOW
TWO HOMES ON ONE LOT, A CONDITIONAL USE PERMIT FOR
ACCESSORY SPACE IN EXCESS OF 1200 SQUARE FEET, AND A
VARIANCE FOR THE AMOUNT OF ACCESSORY SPACE TO
JERRY GREWE
WHEREAS, Jerry Grewe (Applicant) is the owner of certain real property located
at 4550 Enchanted Point 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 has an interest in the real property located at 4560
Enchanted Point in the City of Shorewood, County of Hennepin, State of Minnesota,
legally described on Exhibit B, attached hereto and made a part hereof; and
WHEREAS, the Applicant proposes to combine the two lots described in Exhibits
A and B, demolish the two existing homes on the lots and build a new home on the
resulting lot; and
WHEREAS, the Applicant proposes to live in the existing house at 4560
Enchanted Point until the new house is completed, resulting temporarily in two dwellings
being located on one lot for which the Applicant has requested a variance; and
WHEREAS, the total amount of accessory space proposed with the new house
will exceed 1200 square feet of area, for which the Applicant has requested a conditional
use permit; and
WHEREAS, the total area of accessory space proposed with the new house will
exceed 2000 square feet of area, for which the Applicant has requested a variance; 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
1 September 1995, 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 5 September 1995,
the minutes of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request for a variance was considered by the City
Council at their regular meeting on 25 September 1995 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-IC, Single-Family Residential
zoning district and is also subject to the requirements of the "S" Shoreland (overlay)
District.
.
.
.
2.
That the two lots combined will contain a total of 98,733 square feet of area.
3. That the proposed house will contain 5298 square feet of area on its main
level with the same area on the second level.
4. That the Applicant proposes to build a two-level, attached garage which,
when added to the area of an existing, nonconforming boathouse on the property, will total
3075 square feet of area; and
5 . 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 area of accessory space (3075 square feet) does not exceed the floor
area above grade of the proposed home.
b. The area of accessory space exceeds ten percent of the minimum lot area for
the R-IC/S zoning district in which it is located.
c. The location of the new house complies with R -1 CIS setback requirements
and the proposed height of the structure will necessitate that additional
setback distance be provided adjacent to Lake Minnetonka.
d. Since the attached garage is an integral part of the proposed home,
architectural compatibility is not an issue.
6. That the proposed area of accessory space (3075 square feet) will be less
than the existing area of accessory space on the two lots (4447 square feet).
7 . That total proposed impervious surface on the property will be
approximately 19.5 percent of the total lot area.
8 . That the proposed attached garage will be built on two levels, facing in
opposite directions.
9. That, once combined, the two lots will be nearly five times as large as the
R-IC/S district requires.
CONCLUSIONS
1 . That the Applicant has established undue hardship and has satisfied the
criteria for the grant of a variance under the appropriate sections of Minnesota Statutes and
the Shorewood City Code.
2. That based upon the foregoing, the City Council hereby grants the
Applicant's request for a conditional use permit and variances.
3. That this approval is subject to the following conditions:
a. The Applicant must provide evidence that the two lots have been legally
combined prior to issuance of a building permit for the new home.
2
.
.
.
b.
The survey submitted with building permit application must show the
additional setbacks based on the proposed height of the home.
c. The Applicant must complete the exterior of the new home within one year
of the date of issuance of the building permit for the house, and the home
must be entirely completed, including site work, within 18 months of the
date of issuance of the building permit.
d. Prior to issuance of a certificate of occupancy the Applicant must provide
bids for removal of the house, garage and existing driveway for the
southerly lot. Prom these bids a cash escrow or letter of credit for one and a
half times the amount shall be required to guarantee that the existing
structures and driveway will be removed and the site restored within 30
days of the Applicant's occupancy of the new home.
e. The Applicant must record a protective covenant, with the City as a
signatory, stating that the property will not be resubdivided until such time
as the property is brought into conformity with Shorewood zoning
requirements.
4. That the City AdministratorlClerk 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 October, 1995.
" " ~"\
} .'__ "i /: ' ' '1" -u ",'_' ,'~" If.)
<~." t\.)--"'..:.Jl.V ( 1 . Zkt/\,:___
I -
Robert B. Bean, Mayor
ATTEST:
Ja
3
.
.
.
Lea:al Description - 4550 Enchanted Point
"Lot 16, Auditor's Sub. No. 354, Hennepin County, Minnesota, and that part of Lot 4,
Block 4, Enchanted Park, Hennepin County, Minnesota, lying northerly of the
following described line, hereinafter referred to as Line A: Commencing at the most
westerly comer of Lot 16, Auditor's Sub. No. 354, Hennepin County, Minnesota;
thence easterly along the southerly line of said Lot 16 a distance of 237.80 feet to the
beginning; thence westerly 240.90 feet a point on the westerly line of said Lot 4, Block
4, distant 32.4 feet southerly of the most westerly comer of said Lot 16 and there
terminating. Also that part of Lots 2 and 3, Block 3, Enchanted Park, Hennepin
County, Minnesota, lying northerly of the westerly extension of the above described
line A and lying easterly of the following described line B, and that part of Lot 15 and
17, Auditor's Subd. No. 354, lying easterly of the following described line B:
Line B: Commencing at the most southerly comer of said Lot 2, Block 3; thence
southerly to most southerly comer of Lot 1 of said Block 3; thence deflecting 163
degrees 27 minutes to the right 128.35 feet to the intersection with the westerly
extension of said Line A and being the point of beginning; thence continue northerly on
last described course 35.25 feet; thence deflecting 42 degrees, 17 minutes to the right
69.74 feet; thence deflecting 20 degrees, 58 minutes to the left, to the northwesterly line
of Lot 15, Auditor's Sub. No. 354 and there terminating. Also that part of Lot 9,
Auditor's Sub. No. 354, Hennepin County, Minnesota, lying southerly and
southwesterly of the southerly shore oflagoon and adjacent to Lots 15 and 16, said
Subdivision.
Together with an easement for private driveway as created in Document No. 4554064."
Exhibit A
.
.
.
.. ..
Lea:al Description - 4560 Enchanted Point
"Lot 3 and that part of Lot 4, Block 4, Enchanted Park lying southerly of the following
described line hereinafter referred to as Line A commencing at the most westerly comer
of Lot 16, Auditor's Sub. No. 354; thence easterly along the southerly line of said Lot
16 a distance of 237 8/10 feet to the point of beginning; thence westerly 240 9/1 0 feet to
a point on the westerly line of said Lot 4, Block 4, distant 32 4/10 feet southerly of the
most westerly comer of said Lot 16 and there terminating. Also that part of Lots 1, 2
and 3, Block 3, Enchanted Park lying southerly of the westerly extension of the above
described Line A and lying easterly of the following described Line commencing at the
most southerly comer of said Lot 2; thence southerly to the most southerly comer of
said Lot 1 said point being the point of beginning; thence deflecting 163 degrees 27
minutes to the right 12835/100 feet to the intersection with the westerly extension of
said Line A and there terminating. Also that part of unnamed street lying between
Blocks 3 and 4, Enchanted Park, and lying southerly of the westerly extension of said
Line A, situated in Hennepin County, Minnesota."
Exhibit B