95-033
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CITY OF SHOREWOOD
RESOLUTION NO. 95-33
A RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR
CONCEPT STAGE APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR
CORKY ELSEN
WHEREAS, Corky Elsen (Applicant) is the owner of property located at 5290 and
5300 Howard's Point Road, legally described on Exhibit A, attached hereto and made a
part hereof; and
WHEREAS, in May 1994, a building permit was issued by the City for a new
home to be built at 5290 Howard's Point Road, based upon an approved set of building
plans; and
WHEREAS, prior to completion of the new home, the Applicant's plans were
revised without approval by the City and in violation of the Shorewood Zoning Code; and
WHEREAS, the Applicant has applied to the City Council for a conditional use
permit approving a Planned Unit Development for the property which would allow certain
development rights of the lot at 5300 Howard's Point Road to be transferred to the lot at
5290 Howard's Point Road; and
WHEREAS, the Applicant's request was received by the City Planner and his
recommendations have been duly set forth in a Memorandum to the Planning Commission,
dated 1 March 1995, which Memorandum is on file at City Hall; and
WHEREAS, a Public Hearing was held by the Planning Commission on 7 March
1995, for which notice was duly published and all adjacent property owners duly notified;
and
WHEREAS, the request was reviewed by the City Council at its 10 April 1995
meeting, at which time the recommendations of the Planning Commission were considered.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the Applicant owns two lots at 5290 and 5300 Howard's Point Road,
which lots are zoned R-IA1S, Single-Family ResidentiallShoreland and contain 35,456
square feet and 45,080 square feet of area respectively.
2. That, based upon an approved set of building plans, the Applicant was
granted a building permit for the property at 5290 Howard's Point Road in May 1994.
3 . That the Applicant's plans were subsequently altered to include a looped
driveway with two street accesses.
4. That the City's Zoning Code allows only one driveway access per 120 feet
of street frontage and the Applicant's property has only 170 feet of frontage.
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5. That the Applicant's original, approved plans didnot exceed 25 percent
impervious surface area on the lot, in compliance with Shorewood and state shore land
management requirements.
6. That the driveway alteration and additional patio areas have exceeded the 25
percent impervious surface requirements.
7 . That the Applicant entered into an Escrow Agreement, dated 1 December
1994, agreeing to correct the driveway at 5290 Howard's Point Road to comply with
approved building plans and Shorewood zoning requirements by 1 May 1995.
8. That the lot at 5300 Howard's Point Road has 244 feet of frontage and
would be allowed two driveway accesses under current zoning requirements.
9. That the Applicant proposes to limit the number of driveways on the lot at
5300 Howard's Point Drive to one, in exchange for allowing two driveways on the lot at
5290.
10. That the Applicant proposes to limit impervious surface area on the lot at
5300 to as little as 7468 square feet in exchange for allowing as much as 12,666 square feet
(approximately 35.7 percent) on the lot at 5290.
11. That in order to exchange development rights on the two lots, the Applicant
applied for a conditional use permit approving a planned unit development of the site.
12. That, as part of his application, the Applicant submitted a proposed
Declaration and Notice of Restrictions to implement 9. and 10. above
CONCLUSIONS
1 . That the Applicant's request does not conform with the purpose of
conditional use permits as set forth in Section 1201.04 Subd. 3. ofthe Zoning Code.
2. That the Applicant's request for a conditional use permit is not an
appropriate use of planned unit development.
3. That based upon the preceding the Applicant's request for a conditional use
permit is hereby denied.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of
April, 1995.
1~v\-i'3~~
Robert B. Bean, Mayor
ATTEST:
vW\t4 (. .
Jam C. Hurm, City Administrator/Clerk
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Le2a1 Description:
5290 Howard's Point Road:
"That part of Lots 4,5,7 and 8, Howard Point, Hennepin County, Minnesota described as follows:
Commencing at the northeast corner of Lot 3 in said Howard's Point; thence on an assumed
bearing of West along the North line of said Lot 3 a distance of 100.80 feet; thence on a bearing of
South a distance of 43.70 feet; thence South 18 degrees 35 minutes East a distance of 202.80 feet;
thence South 47 degrees 28 minutes East a distance of 133.30 feet to the point of beginning ofd the
tract of land to be described; thence continuing South 47 degrees 28 minutes East a distance of
287.50 feet; thence South 13 degrees 47 minutes East a distance of 126.52 feet; thence North 71
degrees 45 minutes West a distance of 186.40 feet; thence South 65 degrees 49 minutes West a
distance of 163.80 feet, more or less, to the shore of Lake Minnetonka; thence northwesterly along
the shore of Lake Minnetonka to a point in a line bearing South 60 degrees 42 minutes West from
the point of beginning; thence North 60 degrees 42 minutes East a distance of 209 feet, more or
less, to the point of beginning; which lies northerly of the following described line: Commencing
at the northeast corner of Lot 3 in said Howard's Point; thence on an assumed bearing of West
along the North line of said Lot 3 a distance of 100.80 feet; thence on a bearing of South a distance
of 43.70 feet; thence South 18 degrees 35 minutes East a distance of 202.80 feet; thence South 47
degrees 28 minutes East a distance of 303.30 feet to the point of beginning of the line to be
described; thence South 67 degrees 52 minutes 58 seconds West a distance of 282 feet, more or
less, to the shore of Lake Minnetonka, and there terminating." P.I.N. 30-117-23-44-0021
5300 Howard's Point Road:
"That part of Lots 4,5,7, and 8, Howard's Point, Hennepin County, Minnesota described as
follows: Commencing at the northeast corner of Lot 3 in said Howard's Point; thence on an
assumed bearing of West along the North line of said Lot 3 a distance of 100.80 feet; thence on a
bearing of South a distance of 43.70 feet; thence South 18 degrees 35 minutes East a distance of
202.80 feet; thence South 47 degrees 28 minutes East a distance of 133.30 feet to the point of
beginning of the tract of land to be described; thence continuing South 47 degrees 28 minutes East
a distance of 287.50 feet; thence South 13 degrees 47 minutes East a distance of 126.52 feet;
thence north 71 degrees 45 minutes West a distance of 186.40 feet; thence South 65 degrees 49
minutes West a distance of 163.80 feet, more or less, to the shore of Lake Minnetonka; thence
northwesterly along the shore of Lake Minnetonka to a point in a line bearing South 60 degrees 42
minutes West from the point of beginning; thence North 60 degrees 42 minutes East a distance of
209 feet, more or less, to the point of beginning; which lies southerly of the following described
line: Commencing at the northeast corner of Lot 3 in said Howard's Point; thence on an assumed
bearing of West along the North line of said Lot 3 a distance of 100.80 feet; thence on a bearing of
South a distance of 43.70 feet; thence South 18 degrees 35 minutes East a distance of 202.80 feet;
thence South 47 degrees 28 minutes East a distance of 303.30 feet to the point of beginning of the
line to be described; thence South 67 degrees 52 minutes 58 seconds West a distance of 282 feet,
more or less, to the shore of Lake Minnetonka, and there terminating."
P .I.N. 30-117-23-44-0022
EXHIBIT A
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