93-008
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RESOLUTION NO. 8 - 93
RESOLUTION DENYING UPPER LAKE MINNETONKA YACHT CLUB
APPLICATION FOR ZONING ORDINANCE AMENDMENT
WHEREAS, the Upper Lake Minnetonka Yacht Club (Applicant)
desires to construct a clubhouse building on property located at
4580 Enchanted Point, said property legally described as:
"Lots 1 and 2, Block 4, Enchanted Park" (the Subject Property)
WHEREAS, the Subject Property currently exists as a
nonconforming use in the R-1C zoning district in which it is
currently located, and subject to the requirements of the "S",
Shoreland (overlay) District; and
WHEREAS, Shorewood's zoning regulations prohibit nonconforming
uses from being "enlarged, extended, or structurally altered"; and
WHEREAS, the Applicant has requested a rezoning from R-1C,
Single-Family Residential District to L-R, Lakeshore-Recreational
District in order to eliminate its nonconforming use status in
order to construct; and
WHEREAS, the Subject Property does not comply with certain
requirements of the L-R District and the applicant has requested
variances to the strict application of those requirements; and
WHEREAS, the Subject Property is designated in the Shorewood
Comprehensive Plan for low density residential use;
WHEREAS, a public hearing was held and the application reviewed
by the Planning Commission on 21 April 1992, 1 September 1992; and
WHEREAS, the Applicant appeared before the City Council at the
regular council meeting held on 11 May 1992; and
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WHEREAS, the City Council has reviewed the material submitted
by the Applicant, the recommendations of the Planning Commission,
and the memoranda of the City Planning Director, dated 15 April
1992, 26 August 1992, and 17 September 1992, and 12 November, 1992;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Shorewood, as follows:
FINDINGS OF FACT
1. The Upper Lake Minnetonka Yacht Club exists as a
nonconforming use in the R-1C District.
2. The Shorewood Comprehensive Plan sets forth policies
relating to low density residential neighborhoods.
(a) Low density residential neighborhoods shall be
protected from encroachment or intrusion of
incompatible higher use types and by adequate
buffering and separation from other residential
as well as non-residential use categories.
(Comprehensive Plan, page 31.)
(b) Residential neighborhoods shall be protected from
penetration by through traffic. (Comprehensive
Plan, page 31.)
(c) All existing and proposed service and commercial
uses shall be adequately screened or buffered
from any adjacent residential development.
(Comprehensive Plan, page 33.)
(d) Orderly transitions between commercial and
residential areas shall be established and
maintained. (Comprehensive Plan, page 33.)
The proposed rezoning and expansion of use by the
Applicant is in conflict with the policies of the
Shorewood Comprehensive Plan.
3. The proposed L-R District requires a mlnlmum lot area
of 60,000 square feet and the subject property
contains less than 48,000 square feet.
4. The L-R District ordinance standards limit the number
of boat slips for the size of the Subject Property to
19 and the Applicant proposes 25.
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That the L-R District requires the Subject Property to
be accessed by a minimum 24-foot dust free street.
Enchanted Point is currently improved with a 12-foot
gravel surface.
That the L-R District requires a 35-foot parking lot
setback from the street and the Applicant's plan
proposes a 15-foot setback.
7. Testimony was offered at the public hearing alleging
the existence of Indian burial mounds on the Property.
CONCLUSIONS
1. The rezoning requested by the Applicant constitutes a
significant failure to comply with the policies set
forth in the Shorewood Comprehensive Plan.
2. The Applicant's property can be put to a reasonable
use under the existing R1-C District and provisions of
that district imposed by the Shorewood Zoning Code as
applied to the Subject Property.
3. The street accessing the Subject Property is
inadequate to safely serve the proposed use.
4. The Applicant's plans do not comply with the minimum
requirements of the L-R District.
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The Applicant's request for rezoning to the L-R
District as set forth above is hereby denied.
ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this 11th
day of January, 1993.
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ATTEST:
Administrator
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