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82-031 e e e RESOLUTION NO. J~~ WHEREAS, Joan C. Goering has made application to the City for a variance to the City Subdivision Ordinance for the simple subdivision of Lots 12 and 13, Radisson Inn Addition into two buildable lots; and WHEREAS, the request was presented to the City Planning Commission at a Public Hearing and notices of said Public Hearing were duly published in the official newspaper and mailed to all residents as required by Ordinance; and WHEREAS, Public Hearing was actually held on June 2, 1981 before said Planning Commission; and WHEREAS, said Public Hearing was continued until July 7, 1981; and WHEREAS, the Planning Commission recommended to the City Council on the 3-2 vote to recommend to the Council approval of the request for a division of the two lots and granting of a variance for the division of the property into two lots; and WHEREAS, the City Council considered the request of the applicant in the recommendation of the Planning Commission at July 13, 1981 meeting; and WHEREAS, Applicant was represented at said meeting by her attorney, James Van Valkenburg, who made a presentation to the council and the public present; and WHEREAS, the City Council passed a resolution denying said request on a 5-0 vote; and WHEREAS, the City Council at the request of applicant agreed to reconsider said request of applicant; and WHEREAS, the City Council at a meeting on January 11, 1982 reconsidered the request of the applicant for division of the two lots; and WHEREAS, applicant was present in person to make a presentation to the City Council; and WHEREAS, the City Council on the motion of Haugen, seconded by Gagne, adopted on a 5-0 vote, a motion to direct the City Attorney to draw a resolution denying applicant's request for variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood and the Council finds as follows: 1. That Joan C. Goering, Cy Courture and Peter Courture are the owners of certain property described as Lots 12 and 13, Radisson Inn Addition in the City of Shorewood. 2. That said Lots were voluntarily combined for tax purposes. e 3. That Lot 12 contains approximately 13,760 square feet, that Lot 13 contains approximately 23,900 square feet. 4. That the two lots are contiguous to each other and under common ownership. 5. That the property is zoned R-l requiring a minimum lot size of 40,000 square feet, and the Comprehensive Plan provides for R-l zoning for this area. 6. That each lot received a sewer assessment from the City at the time of the installation of sewer. 7. That the variance required for Lot 12 would be 65% of the required minimum lot size and for Lot 13 would be 40% of the required minimum lot size. 8. That applicants state that they have had difficulty in selling the property as a single building site. e 9. The east half of Lots 2 and 2A and all of Lots 3 and 3A are combined as a single lot and has 39,246 square feet. Lots 4 and 4A are combined as one lot and has 25,333 square feet. Lot 5 has 18,267 square feet. Lot 11 has 15,104 square feet; has no dwelling unit on it and is used as a common lot by all the owners of Radisson Inn Addition, (it is therefore unlikely that any dwelling unit will ever be placed on said Lot). The other neighboring lots have square footage as follows: Tract A, RLS 550- 15,309; Tract B, RLS 550- 16,195; and Tract C, RLS 550- 18,754. CONCLUSIONS 1. That the requested variance would not be in harmony with the Comprehensive Plan, Zoning Ordinance or character of the neighboring lake shore property of this area. 2. That the variances requested for both Lots are substantial departure from the requirements of that zoning district. 3. That applicant has shown no practical difficulties or hardships to sustain their request for the variance. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Shorewood: That applicants request for a variance for the division of Lots 12 and 13, Radisson Inn Addition is and be hereby denied. e RESOLVED FURTHER, that the Clerk is directed to refund payments made of the second sewer assessment on this property.