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86-098 . . . RESOLUTION NO. 98-86 WHEREAS, Donald Shafer has made re-application to the City of Shorewood for permission for approval of a dock on certain property owned by him located within an "R" District on Timber Lane in the City of Shorewood; and WHEREAS, no principal residential dwelling exists on said property; and WHEREAS, said application was originally reviewed before the Planning Commission and a Public Hearing was held on May 6, 1986; and WHEREAS, a further review of said application was had before the City Council at their regular meeting on June 9, 1986; and WHEREAS, the City Council originally voted to deny the applicant's application to construct said dock on the subject property on the grounds that the zoning ordinance, passed July 1, 1985, does not permit construction of a dock on the property; and WHEREAS, additional information recently gathered has now been made available to the City and based thereon, the applicant has requested that the City Council reconsider its denial on June 9, 1986. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the remnants of a dock have been located on the subject property. Ten pilings and/or posts are located in the water and on the shoreline. The decking and support beams have been removed for storage and to prevent winter ice damage. Some of the deck components are stored on the lake shore adjacent to the boathouse, while other deck planks are stored in the boathouse. 2. That the previous owner of the property, Henry C. Nelson, 230 Monroe Avenue, Excelsior, Minnesota, has verified that this dock was on the land when he purchased the property in 1970. He further has indicated in a letter attached to this report, that the dock was used by his family throughout the years of their ownership. . . . # 3. That the pilings and/or posts located in the water comprise a dock on said property which could be construed to be a "grandfathered" structure existing prior to the ordinance passed July 1, 1985. 4. That the present Ordinance No. 168, Section 200.03, Subd. 1-b permits such "grandfathered" dock to continue at the size and in the manner as it existed on the date of the ordinance. CONCLUSIONS That based on the foregoing, the City Council of the City of Shorewood hereby approves applicant's re-application to maintain a dock on the site purposed by the applicant. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 25th day of August, 1986. Mayor ATTEST: City Clerk