80-039
RESOLUTION NO. 39-80
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WHEREAS, Howard's Point Marina, Inc. has heretofore filed
with the City a request for rezoning of the following described
property from R-l to L. R. Lakeshore Recreational:
That part of the North 24 rods of Government Lot 1,
Section 31, Township 117 North, Range 23 West, lying
South of the following described line: Commencing at
a point on the East line of said Lot 115 feet South of
the Northeast corner of Section 31, thence West to the
centerline of Howard's Point Road, thence Southwesterly
on the centerline of said road to a point 150 feet
South at right angles from the North line of said Sec-
tion, thence West to the shore of Lake Minnetonka.
and
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WHEREAS, the matter was referred to the Planning Commis-
sion of the City of Shorewood and pursuant to due notice a
hearing on said application was duly held before the Planning
Commission and said body did have the opportunity to review
the proposed rezoning including the application, sketches,
reports of the city planner and the city attorney and to
consider input from members of the public, and
WHEREAS, the Planning Commission has submitted to the
Council the findings derived from its consideration of the
application and input of the public,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS:
1. That rezoning of the above described property is
approved subject to the conditions hereinafter specified.
2. That the applicant shall file with the City its writ-
ten concurrence with the following requirements:
a. The buildings westerly of Howard's Point Road
labelled A, B, C as shown upon the plat filed by the applicant,may
continue to be used for their present purpose but for no other
purposes. Part of the main building may be used for the res-
idential purposes of a caretaker, it being in the best interest
of the applicant and the City that a party occupy the premises
at all times for its protection and to inhibit theft, vandalism,
or other damage which might otherwise occur.
.
b.
erly side of
the sideyard
for purposes
In view of the location of the fence on the north-
the property and need for screening, a variance in
setback from 50 feet to 20 feet is hereby granted
of applicant's parking plan.
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c. No further fencing or screening shall be re-
quired on the southerly and easterly boundaries of the prop-
erty; the easterly boundary lies partially in and adjacent
to wetlands within which no construction is considered ad-
visable, the southerly boundary lies adjacent to a property
the owner who has expressed her desire that no such fencing
or screening be installed along her property line.
d. No parking shall be allowed in the area of the
premises designated as wetlands pursuant to Shorewood Ordi-
nance No. 70.
e. The applicant shall advise the Council of any
inaccuracies in any portion of the description of the premises.
f. Buildings labeled D and E upon the plan submitted
by the applicant shall be:
1) Removed from this application by placing the
buildings within a separate parcel of property;
the applicant shall petition the Council for
an appropriate lot division which shall meet
minimum square footage and side and setback
requirements.
2) The buildings designated D on the plan, which
is presently being used as a two family structure
shall cease to be used for said purposes.
g. The area of property located within the designated
wetlands shall be included for purposes of computing the acreage
requirements of the property for compliance with terms of Sec-
tion 22B, L. R. Lakeshore Recreational District.
h. Except as noted herein for which variances are
granted the Council fi~ds the applicant has met the minimum
requirements of the Shorewood Zoning Ordinance.
i. The dock layout proposed by the applicant is hereby
approved, with the exception that docks 35, 36, 37, 54 and 55
shall be eliminated from the plan; it being understood that a
permit to construct and operate the same as herein authorized
shall not issue or be effective until other agencies with con-
current jurisdiction over the matter of dock construction and
use shall have issued their approval therefore.
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e j. Charges made to Shorewood residents for the use of
the launching ramp on the property shall be no more than 50% of
those charges made to non-Shorewood residents for the same
services.
3. That the applicant shall have a period of one year to
accept the conditions herein specified and to comply with other
terms of Section 22B of Ordinance No. 77, as well as to obtain
approval from other agencies having jurisdiction over the
applicant's proposed dock use.
4. That upon the applicant's compliance with the terms
of this resolution and filing with the city clerk-administrator
of proof of necessary approvals from other agencies, the Mayor
and Clerk be authorized to execute the attached ordinance and
attend to its publication after which said ordinance shall be
effective.
ADOPTED by the City Council this 23rd
1980.
day of June
.
Vote taken as follows:
Yes Negative
Steve Frazier, Mayor X
Council members:
William Keeler X
Robert Naegele X
J an Haugen X
Tad Shaw X
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ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 77 OF
THE CITY OF SHOREWOOD BEING AN ORDINANCE
FOR THE PURPOSE OF PROMOTING THE HEALTH,
SAFETY, ORDER, CONVENIENCE, PROSPERITY AND
GENERAL WELFARE BY REGULATING THE USE OF
LAND, THE LOCATION, AREA, SIZE, USE AND
HEIGHT OF BUILDINGS ON LOTS AND THE DENSITY
OF POPULATION IN THE CITY OF SHOREWOOD,
MINNESOTA.
The City Council of the City of Shorewood, Minnesota does
ordain:
Section 1. Ordinance No. 77 is hereby amended as follows:
Section 16. Establishment of Zoning Districts and Pro-
visions for Official Zoning Map be and hereby is amended
by adding thereto the following:
.
"Official zoning map be and is hereby amended
by including within the Lakeshore Recreational
District, property described as:
That part of the North 24 rods of Govern-
ment Lot 1, Section 31, Township 117 North,
Range 23 West, lying South of the following
described line: Commencing at a point on
the East line of said Lot 115 feet South of
the Northeast corner of Section 31, thence
West to the centerline of Howard's Point
Road, thence Southwesterly on the centerline
of said road to a point 150 feet South at
right angles from the North line of said
Section, thence West to the shore of Lake
Minnetonka.
Section 2. This ordinance shall be effective from and
after its passage and publication.
ADOPTED by the Council of the City of Shorewood this
_ day of
, 1980.
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Steve Frazier
Mayor
ATTEST:
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