93-035
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RESOLUTION NO. 35 - 9 3
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
TO DEVELOP A SUBSTANDARD LOT TO
PAT PECHACEK
WHEREAS, Pat Pechacek (Applicant) is the owner of real property located at 5025
Shady Island Road, in the City of Shorewood, County of Hennepin, State of Minnesota,
legally described as follows:
"Lot 32, Shady Island, Lake Minnetonka"; and
WHEREAS, the Applicant proposes to demolish the existing single-family dwelling
on the property and construct a new home; and
WHEREAS, the subject lot does not comply with the lot width or area requirements
of the R-1C/S zoning district in which it is located; and
WHEREAS, the Applicant has applied for a conditional use permit (c.u.p.) to build
on a substandard lot; 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
25 February 1993, 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 2 March 1993, the minutes
of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request for a conditional use permit was considered by
the City Council at their regular meeting on 22 March 1993, at which time the Planner's
memorandum and the minutes of the Planning Commission were 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. That the Subject Property is located in an R-IC single-family residential
zoning district and is also subject to the requirements of the "S" Shoreland District.
2. That the City Zoning Code requires that a nonconforming lot of record meet
70 percent of the width and area requirements of the zoning district in which it is located in
order to be considered buildable.
3. That the Applicant's lot is 77 feet wide which is 77 percent of the required lot
width in the R -1 C zoning district.
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4. That the Applicant's lot is 16,170 square feet in area which is 81 percent of
the lot area required in the R-1C zoning district.
5. That the City Code provides an exception for single-family homes to be rebuilt
on nonconforming lots of record, provided that setbacks are complied with to the extent
possible.
6. That the structure proposed to be constructed by the applicant complies with
all setback requirements of the R -1 C zoning district.
7. That the proposed structure is a reasonable use of the subject property and
does not have an adverse affect on neighboring properties.
8. That the Applicant does not own property adjoining the subject property.
CONCLUSIONS
1. That the Applicant has satisfied the criteria for the grant of a conditional use
permit to build on a nonconforming lot of record.
2. That based upon the foregoing, the City Council hereby grants Applicant's
request for a conditional use permit subject to the following conditions:
a. The bituminous surfacing on the side and rear of the lot may remain for
drainage purposes but must be reduced to no more than four (4) feet in width.
b. The Applicant must provide a landscape plan, to be approved by the City
Council, which screens the bituminous area from view from Lake Minnetonka.
c. The existing boathouse must be removed.
d. The bituminous area on the north end of the lot must be removed except as
needed for the proposed driveway.
e. Impervious surface on the site shall be limited to 4043 square feet of area.
f. Erosion control and construction limits as shown on the Applicant's site plan
must be in place prior to any site work being started.
g. The proposed driveway must be located at least five (5) feet from the side lot
line.
h. All improvements required in a., b., c., d., f., and g. above shall be
completed prior to issuance of a certificate of occupancy for the new house.
i. The conditional use permit shall be valid for one year from the date of this
resolution.
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3. That the City 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 12th day of
April, 1993.
ATTEST:
Ja s C. Hurm, City Administrator/Clerk
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Dated:
April 12, 1993
CERTIFICATION
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
I, James C. Hurm, duly appointed City Administrator/Clerk of the
City of Shorewood, Hennepin County, Minnesota, do hereby certify
that the foregoing resolution is a true and correct copy of a
resolution adopted by the Council of the City of Shorewood and is
so recorded in the minutes of a meeting held on the 12th day of
April ,1993.
Ja s C. Hurm
ci y Administrator/Clerk