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06-020 CITY OF SHOREWOOD RESOLUTION NO. 06-020 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND LOT AREA VARIANCE TO BUILD ON A SUBSTANDARD LOT TO ROHAN LUND, INC. WHEREAS, Rohan Lund, Inc. (Applicant) is the owner of the real property located at 27695 Island View Road in the City of Shorewood, County of Hennepin, legally as: "Lot 17, Auditor's Subdivision 367, Hennepin County, Minnesota"; and WHEREAS, the property does not conform to the lot area requirements of the R-1NS, Single-Family Residentia1/Shoreland zoning district, in which it is located; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit to build on a substandard lot; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit and variance to the lot area requirement for the construction of a single-family home on the property; 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 3 February 2006, 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 7 February 2006, 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 27 February 2006, at which time the Planner's memorandum and the minutes of the Planning COll1fuissionwere 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. The lot is under separate ownership from adjoining properties. 2. The lot contains 25,560 square feet of area, is 90 feet wide at the building line, and does not meet at least 70 percent of the required lot area for the R-1NS zoning district in which it is located. 3. The lot is currently occupied by a single-family dwelling with an attached garage, built in 1964, both of which have suffered structural damage as a result of the way the land and drainage slope to the back of the structures. 4. The Applicant has designed anew house and garage to fit the contours of the property, allowing drainage to be conducted around the building. 5. The proposed house and attached garage will comply with all of the setback requirements of the R-1AJS zoning district. CONCLUSION A. The Applicant has satisfied the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.375, Subd. 6(2). B. Based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit and lot area variance to construct a single-family dwelling. C. 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 27th day of February 2006. ~~.. WOODY LOVE, MAYOR ATTEST: ON, CITY ADMINISTRATOR/CLERK 2