86-105
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RESOLUTION NO. 105-86
WHEREAS, Dennis Jabs has applied for a Conditional Use
Permit for the construction of a deck located at the southeast
corner of his house at 20915 Radisson Road in the City of
Shorewood, legally described as follows:
Lots 23 and 22, Auditor's Subdivision No. 175, and that part of
Lot 197, Auditor's Subdivision No. 120, Hennepin County,
Minnesota, lying east of a line drawn across said lot parallel
with the East line of Section 35, Township 117, Range 23, from a
point in the North line of said Lot 197, distant 60 feet West of
the Northeast corner of said lot, according to the plat thereof
on file in the office of the County Recorder.
and,
WHEREAS, Mr. Jabs' existing house built on the property
does not comply with the setback requirements of the Shorewood
Zoning Ordinance; and
WHEREAS, the location of the proposed deck
substantially increases the non-conformity of the house
presently located on the property; and
WHEREAS, Shorewood Ordinance requires a Conditional Use
Permit for the expansion of any nonconforming structure; and
WHEREAS, a Public Hearing was held before the Shorewood
Planning Commission and after due consideration, the Planning
Commission voted to recommend to the Council that the
Conditional Use Permit be granted subject to certain conditions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Shorewood, Minnesota, as follows:
FINDINGS OF FACT
1. That the subject property is zoned R-IC,
single-family residential, and requires a building setback of 35
feet.
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2. That the existing house on the property is located
only 3 feet from the Radisson Road right-of-way.
3. That the subject property exists as 3 separate
parcels of land, each having its own property identification
number.
4. That the proposed deck would extend over the
property line between the two main parcels, substantially
increasing the nonconformity of the existing house.
5. That each of the three lots standing alone would be
substandard in both area and width and would be unbuildable
under Shorewood's Zoning Ordinance.
6. That the entire tract has been assessed for two
sewer assessments.
7. That if the three parcels were combined into one
tract of land, the proposed deck would conform to the Shorewood
Zoning Ordinance, and the non-conformity of the existing house
would be decreased inasmuch as presently located, it is only 9
feet from the middle lot line, whereas a 20-foot setback is
required by Ordinance.
CONCLUSIONS
That based on the foregoing, the City Council of the
City of Shorewood concludes that the application of Dennis Jabs
for a Conditional Use Permit as setout hereinabove be and
hereby is granted, subject to the following conditions:
1. That the applicant shall request that Hennepin
County combine the three parcels into a single tract of land
under a single property identification number for tax purposes.
2. That the City shall make an appropriate adjustment
of the sewer assessment based upon the combination of the three
individual parcels into one standard buildable lot, and refund
any monies due the applicant as the result thereof.
3. That the applicant make application to the County
for the combination of the three parcels into one tract of land
within thirty (30) days from the date of certification of this
Resolution.
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BE IT FURTHER RESOLVED, that the City Clerk furnish
applicant with a certified copy of this Resolution for filing
with the Hennepin County Recorder or Register of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th
day of September, 1986.
Mayor
ATTEST:
City Clerk