87-085
RESOLurICN ID. 1l5.- g 7
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WHEREAS, Neil Spaulding has applied for a Condit ional Use Permit
and variances for the construction of a 20' x 30' deck, a brick barbeque, a
fence and a dock on property he owns in the City of Shorewood; legally
described as:
Lot 1, Auditor's subdivision No. 367
and;
WHEREAS, the property does not meet the area requirements of the
current zoning ordinance and, therefore, a Conditional Use Permit is required
for the construction of the proposed structures; and
WHEREAS, the property does not meet the minirrun lot area
requirements for a conditional Use Permit and therefore requires a variance
to the ordinance; and
WHEREAS, the locations of the structures proposed to be
constructed on the property do not meet the setback requirements for the
property and therefore require a variance to the ordinance; and
WHEREAS, a Public hearing was held and the application reviewed
by the Planning Cornnission on June 2, 1987, and the comnission voted
. unanimously to recomnend denial of the application; and
WHEREAS, a further review of the application was had before the
Ci ty Council at their regular meet ing held on June 22, 1987; and
WHEREAS, the City Attorney was directed by the Council to prepare
a resolution setting forth findings and conclusions denying the applicant's
request for a Conditional Use Permit and variances.
l'DV, 'IHEREFORE, 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-lA zoning
district and contains approximately 2,560 square feet.
2. That to be a buildable property the R-lA zoning district
requires a minirrun of 40,000 square feet.
.
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3. That the Shorewood Zoning Ordinances provides for the
granting of a Conditional Use Permit for construction of a dwelling in
instances where the property is within 70% of the area requirements for the
district and no other variances are required.
4. That the subject property has an area less than 10% of the
area requirements for the district and additional setback variances would be
required for the construction of the proposed structures.
5. That the proposed structures constitute accessory structures,
and accessory structures are not permitted to be constructed on lots whereon
dwelling units are not or cannot be constructed.
6. That the additional setback variances required for the
construction of the proposed structures would be 50' front yard, 17' lake
side, and 10' side yard.
7. That the property has been used for lake access continually
since 1960 by the applicant and by the owners of Lots 14, 15, 16, 17, 18 and
19 pursuant to an easement agreement fi led wi th the Hennepin County Recorder
on August 19, 1960 as document no. 634748.
a:NCLUS leNS
1. That the C.U.P. and variances requested constitute a
substantial deviation from the requirements of the zoning ordinance not in
. keeping with the character of the locality.
2. That the property can be put to a reasonable use for lake
access under the conditions of the Shorewood zoning ordinances.
3. That the appl icant has not met the requirement of "undue
hardship", and the City Council of the City of Shorewood therefore denies
applicant's request for variances and a Conditional Use Permit.
AIOPrEI) BY '!HE CIlY <n.JNCIL of the Ci ty of Shorewood thi s E~y ofc::l~~-L'
1987. - 0'
Robert Rascop, Mayor
ATrEST:
Sandra L. Kennelly, City Clerk
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