93-009
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RESOLUTION NO. ~ - 93
RESOLUTION DENYING UPPER LAKE MINNETONKA YACHT CLUB
APPLICATION FOR VARIANCES
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-IC 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-IC,
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;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Shorewood, as follows:
FINDINGS OF FACT
1. That the Upper Lake Minnetonka Yacht Club exists as a
nonconforming use in the R-1C District.
2. That the L-R District requires a minimum lot area of
60,000 square feet and the subject property contains
less than 48,000 square feet.
3. That 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.
4.
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.
5. 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.
CONCLUSIONS
1. That the variances requested by the Applicant
constitute a significant deviation from the
requirements of the Shorewood Zoning Code.
2. That Applicant's property can be put to a reasonable
use under the conditions imposed by the Shorewood
Zoning Code.
3. That Applicant has not met the criteria for the grant
of a variance under Section 1201.05 of the Shorewood
City Code and has not established an undue hardship as
defined by Minn. Stat. Section 462.357, Subd. 6(2).
4. That the street accessing the Subject Property is
inadequate to safely serve the proposed use.
5.
That the Applicant's plans do not comply with the
minimum requirements of the L-R District.
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6. That Applicant's request for the variances set forth
above are hereby denied.
ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this
11th day of January, 1993.
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