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95-014 . . . CITY OF SHOREWOOD RESOLUTION NO. 95-14 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO STEVEN SIMON WHEREAS, Steven Simon (Applicant) is the owner of real property located at 26710 Edgewood Road in the City of Shorewood, County of Hennepin, legally described on Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit to construct an attached garage, remodel and add to an existing detached garage, and build a pool house, the area of which, when added to the area of existing accessory space, will bring the accessory space up to 2458 square feet; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 29 December 1994, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 6 December 1994, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 9 January 1995, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the total proposed accessory space (2458 square feet) does not exceed the floor area above grade of the principal structure (4500 square feet). 2. That the total area of accessory space does not exceed 10% of the minimum lot area for the R-IA/S Zoning District in which it is located (.10 x 40,000 = 4000 square feet). 3 . That design and materials of the accessory buildings are consistent with the architectural character of the existing home. 4. That the proposed accessory buildings, except for an existing boathouse, will comply with all setback requirements for the R-IA/S District. . . . CONCLUSION 1 . That the application of Steven Simon for a Conditional Use Permit as set forth hereinabove be and hereby is granted, subject to the following conditions: a. The existing concrete pad north of the tennis court must be corrected to comply with setback requirements. b. The Applicant must prepare a landscape plan which restores vegetation on the shoreline of the property to its former extent. The landscape plan shall be subject to approval by the City and the Department of Natural Resources. c. Upon approval of the landscape plan the applicant must provide bids from a certified nurseryman, from which the amount of a letter of credit shall be determined. The letter of credit shall extend for two growing seasons. 2. That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 13th day of February, 1995. ~,~~~-\~~- Robert B. Bean, Mayor ATTEST: es C. Hurm Administrator/Clerk - 2- . . . Ii' Legal Description: "A tract of land comprising a portion of Government Lot 3, Section 29, Township 117, Range 23 which tract of land is particularly described as: Commencing at a point in the South line of said Lot 3 at a point in said ,line which is 230 feet East along said line from the Southwest corner of said Government Lot 3; thence North parallel to the platted East line of Auditor's Subdivision Number Ninety:,one (91),220 feet to the acmal point of beginning of the land to be described; thence North parallel to the platted East line of said Auditor's Subdivision, 68.24 feet, more or less, to the center line of South Street extended as shown upon the plat of Block 1, Sampson's Upper Lake' Park, Lake Minnetonka; thence Northeasterly along said center line 46.1 feet; thence Northwesterly along a line parallel with the more Northerly of the platted Easterly lines of said Auditor's Subdivision Number Ninety-one (91) to the ordinary high water line of Lake Minnetonka; thence Northeasterly along said latter line to its point of intersection with an extension Northwesterly of the Northeasterly line of Lot 4 of 'said Plat; thence Southeasterly along the Northeasterly line of said Lot and said extension thereof a distance of 325.5 feet, more or less, to the South line of South Street; thence Southwesterly along the South line of said Street, 9.45 feet, more or less, to the point of intersection of said line with a line drawn North 1 degree 3 minutes West from a point in the South line of said Government Lot 3 which line is distant 791.5 feet West along said line from the Southeast comer of said Lot 3; thence South on said last described line a distance of 379.15 feet, more or less, to the South line of said Lot 3; thence West along the south line of said Lot 214.2 feet, more or less, to a point in said South line distance 309 feet East from the Southwest corner of said Government Lot 3; thence North parallel to the West line of said lot, 180 feet; thence West parallel to the South line of said lot, 29.75 feet; thence North parallel to the West line of said Lot, 40 feet; thence West parallel to the South line of said lot, 49.25 feet to said acmal point of beginning. Lot 3, Block 1, Sampson's Upper Lake Park, according to the recorded plat thereof. That part of the vacated Lakefront as shown on the plat of Sampson's Upper Lake Park, including the accretions thereto, lying between the extensions to the shore of Lake Minnetonka of the Northeasterly line of Lot 3 and the Southwesterly line of Lot 3, Block 1, Sampson's Upper Lake Park. That part of the vacated undesignated street adjoining the Southeasterly line of Lot 3, Block 1, Sampson's Upper Lake Park lying Northeasterly of the Southeasterly extension of the Southwesterly line of said Lot 3 and lying Westerly of a line bearing North 1 degree 03 minutes West from a point on the South line of Government Lot 3, Section 29, Township 117, Range 23, distant 791.50 feet West from the Southeast corner of said Government Lot 3 (for purposes of the bearing herein, the South line of said Government Lot 3 is assumed as bearing East and West)." P.I.N. 29-117-23-34-0017 Exhibit A