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85-068&069 . . . RESOLUTION NOS. 68-85 & 69-85 WHEREAS, Roy Ahern has applied for a shore line, setback variance and a conditional use permit to construct a single-family residence on property located at 5540 Shore Road, Shorewood, Minnesota, legally described as: Lot 11, Radisson Inn Addition; and WHEREAS, public hearings were held before the Planning Commission on August 6 and August 20, 1985, at which time the applicant submitted an alternative plan for a contemporary residence which could be constructed upon the property without a variance; and WHEREAS, the Planning Commission, after hearing the arguments of the applicant and the comments from the floor, voted to neither recommend nor deny the variance and voted to recommend approval of the conditional use permit; and WHEREAS, the matter was heard before the City Council at their regular meeting on August 26, 1985; and WHEREAS, the City Attorney was directed to draft a formal resolution denying the variance and the conditional use permit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS: FINDINGS OF FACT 1. That the property described as Lot 11, Radisson Inn Addition, is located in a Shore land District of the City wherein the minimum setback from normal high water mark is 75 feet. 2. That applicant has requested a variance from the setback requirement, claiming a hardship on the basis of his inability to construct a building within lakeshore setback requirements. 3. That applicant has submitted an alternative plan for the construction of a contemporary residence which, in fact, meets all of the setback requirements of the Shoreland District. 4. That applicant has not met his burden of establishing "undue hardship" to the extent that he has failed to show that the property in question could not be put to a reasonable use if used under conditions allowed by the Shoreland setback requirements. . . . 5. That said Lot 11, is a substandard lot in that it contains approximately 15,670 square feet and is located in a district of the City zoned R-1C, Single Family Residential, which requires a minimum of 20,000 square feet. 6. That said Lot 11 is registered land and is burdened by an easement which reads as follows: "A permament easement over and upon said Lot for the benefit of all of the owners, their heirs and assigns, of the Lot of said Radisson Inn Addition for the purpose of ingress and egress to the bathing beach adjoining said Lot 11, Radisson Inn Addition." and that said lot has been used for such purpose by the owners of the adjoining lots since the creation of the easement. 7. That Shorewood Ordinance No. 168, Section 200.26, Subd. 5-b, makes the following provisions for construction on substandard lots: "b. Substandard Lot. Any lot of record filed in the office of the Hennepin County Registrar of Deeds on or before the effective date of this Ordinance, which does not meet the area requirements of this Ordinance may be allowed as a building site subject to approval of a shore land impact plan and provided: (1) The lot meets all standards of the applicable zoning use district. (2) The lot is in separate ownership from abutting lands. (3) Except for lot area, all other sanitary and dimensional requirements of the Shore land District are complied with insofar as practical (seventy [70%] percent width and area requirements)." 8. That a "lot of record" as defined by said ordinance is a lot "occupied or intended for occupancy by one (1) principal building, or principal use together with any accessory buildings..." . . . 9. That Subd. 6-a sets both the following requirements for development: "a. Landowner or developers desiring to develop land or construct any dwelling or any other artificial obstruction on land located within any Shoreland District within the City of Shorewood shall first submit a conditional use permit application as regulated by Section 200.04 of this Ordinance and a plan of development hereinafter referred to as "shoreland impact plan", which shall set forth proposed provisions for sediment control, water management, maintenance of landscaped features, and any additional matters intended to improve or maintain the quality of the environment. Such a plan shall set forth proposed changes requested by the applicant and affirmatively disclose what, if any, change will be made in the natural condition of the earth, including loss or change of earth ground cover, destruction of trees, grade courses and marshes. The plan shall minimize tree removal, ground cover change, loss of natural vegetation, and grade changes as much as possible, and shall affirmatively provide for the relocation or replanting of as many trees as possible which are proposed to be removed. The purpose of the shore land impact plan shall be to eliminate as much as possible potential pollution, erosion and siltation." 10. That applicant has failed to submit a "Shoreland Impact Plan" as required by the Shoreland Ordinance No. 168, Section 200.26, Subd. 6-a.. 11. That it appears from the language of the easement recorded against the property and the testimony of the adjacent landowners that the lot was originally intended as a lake access lot and not as a lot for the construction of a building. 12. That the lot does not qualify as a "lot of record" pursuant to the provisions of Ordinance #168, Section 200.26, Subd. 5-b, relating to construction on substandard lots. 13. That the applicant's proposed use of the property for the construction of a private residence is not a suitable use, taking into consideration the nature of the adjoining land and the effect such use would have upon the general welfare, public health and safety of the community. . . . . CONCLUSIONS That based on the foregoing, the City Council of the City of Shorewood hereby denies applicant's request for a variance and a conditional use permit for the construction of a private residence on Lot 11, Radisson Inn Addition. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of , 1985.