86-014
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RESOLUTION NO.
/L/- 80
51
I
f;J
WHEREAS, Mr. E. G. Rosenthal has made formal
application to the City of Shorewood to amend the Comprehensive
Plan as it pertains to certain property located at 5405 St.
Alban's Bay Road and 20095 Excelsior Boulevard, legally
described in Exhibit A attached hereto, from low to medium
density residential to commercial for the purpose of erecting
two, two-story office buildings; and
WHEREAS, a pre-application review of Mr. Rosenthal's
proposal was made by the Shorewood staff in September, 1985, and
certain recommendations were made concerning land use, traffic,
public utilities, and site design; and
WHEREAS, a further review of Mr. Rosenthal's proposal
was had before the Planning Commission in October, 1985, and a
Public Hearing was held before the Planning Commission on
December 3, 1985, at which time additional recommendations were
made; and
WHEREAS, the formal presentation of the proposal was
made by Mr. Rosenthal and others to the City Council at their
regular meeting on January 13, 1986; and
WHEREAS, the City Attorney was directed to draft a
formal resolution denying the application for an amendment to
the Comprehensive Plan as it pertains to the subject property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Shorewood as follows:
FINDINGS OF FACT
1. That the property located at 5405 St. Alban's Bay
Road and 20095 Excelsior Boulevard, legally described in Exhibit
A attached hereto, is presently zoned R-2A, Single and
Two-Family Residential.
2. That the land surrounding the property to the
North, West, and East is also zoned R-2Ai that State Highway 7
borders the property to the South.
3. That the property in issue and all of the
surrounding land is designated as low to medium density
residential (2 - 3 units per acre) in the Shorewood
Comprehensive Plan.
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4. That applicant's proposed use of the subject
property could effect a strip commercial development within the
area.
5. That applicant failed to submit a land use
marketability study demonstrating a demand for office space in
the particular area, as recommended by staff, and presented no
credible evidence that such a demand exists.
6. That applicant could not establish a satisfactory
traffic pattern to provide access to the site without a new
intersection on Highway 7. That at the present time, it appears
that MN/DOT will not reach a decision as to the location of a
new intersection until after the pending Highway 7 corridor
study has been completed.
7. That municipal water is not presently available to
the proposed site of the office buildings.
8. That applicant presented an alternative proposal
for two-family residential units for the property, which
proposal would be compatible with the present low-density
classification of the property, consistent with the
Comprehensive Plan.
9. That applicant's proposed use of the subject
property for two, two-story office buildings is not consistent
with the land use and transportation policies contained in the
Shorewood Comprehensive Plan.
CONCLUSION
That based on the foregoing, the City Council of the
City of Shorewood hereby denies applicant's formal application
to amend the Shorewood Comprehensive Plan to accommodate his
proposed use of the property.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood
this IOtA day of H13U4R.Y , 1986.
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