92-078
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RESOLUTION NO. 78-92
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
AND SETBACK VARIANCES
FOR THE MINNEWASHTA ELEMENTARY SCHOOL
WHEREAS, the Minnetonka Public School District (Applicant) is the owner of real
property located at 26350 Smithtown Road in the City of Shorewood, County of Hennepin,
State of Minnesota, legally described on Exhibit A, attached; and
WHEREAS, the Applicant proposes to add on to the rear of the existing school
building to accommodate population growth within the school district; and
WHEREAS, the Applicant has applied for a conditional use permit to enlarge the
school, and setback variances for the parking lot in front of the school, and a variance to the
side yard requirement for the building; and
WHEREAS, Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in memoranda to the Planning Commission dated 1 July
1992 and 30 July 1992, which memoranda are 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 July 1992, the minutes
of which meeting are on file at City Hall; and
WHEREAS, Applicant's request for conditional use permit and variances were
considered by the City Council at their regular meeting on 10 August 1992, at which time
the Planner's memoranda 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-1A single-family residential
zoning district.
2. That the City Zoning Code requires a fifty-foot front yard setback and twenty-
foot side yard setbacks for school buildings.
3. That the Applicant has assembled parcels of land totalling 21.37 acres, 6.4
acres of which is occupied by the school.
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4. That the Applicant proposes to add on to the existing 45,169 square foot
building another 19,892 square feet for a total of 65,061 square feet.
5. That the existing building is only 14 feet from the east lot line of the site and
the Applicant has requested a six-foot variance in order to maintain the existing building line.
6. That the six-foot variance is necessary to maintain the alignment of corridors
within the building, which enhances safety and security for elementary school students.
7. That the parking lot in front of the building encroaches into the right-of-way of
Smithtown Road and existing parking on the west side of the site is located within two feet of
the west side lot line.
8. That the Applicant agrees to remove any parking area located within the right-
of-way, but requests a thirty-five-foot variance in order to allow day-to-day traffic to park in
front of the building. Such parking will minimize conflicts between traffic and recreational
activities of school children, thereby enhancing safety for students.
9. That the front yard setback variance and side yard setback variance for the
parking are necessary to provide a safe and efficient loading area for school buses.
10. That removal of parking within the right-of-way improves the conformity of
the site to the City Zoning Code.
11. That the drainage plan proposed by the Applicant mitigates existing drainage
problems on adjoining properties.
12. That the Applicant's landscape plan minimizes the impacts of the variances on
adjoining properties.
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enclosure.
That the Applicant proposes to locate his trash facilities within a masonry
CONCLUSIONS
1. That 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).
2. That based upon the foregoing, the City Council hereby grants the Applicant's
request for variances as set forth above.
3. That based upon the foregoing, the City Council hereby grants the Applicant's
request for a conditional use permit subject to the following:
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a. Grading, drainage and erosion control shall comply with the
recommendations of the City Engineer and the Minnehaha Creek Watershed District.
b. Landscaping and site improvements must be completed prior to
occupancy of the school addition.
c. Construction hours are limited to between 7:00 a.m. and 7:00 p.m.
weekdays and 8:00 a.m. to 6:00 p.m. on Saturdays.
4. 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 24th day of
August, 1992.
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Barbara J. Br. e1: Mayor
ATTEST:
. Hurm, City Administrator/Clerk
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LEGAL DESCRIPTION:
"That part of the Southeast Quarter of the Northwest Quarter of Section 32, Township 117,
Range 23 and that part of the Southwest Quarter of the Northeast Quarter of Section 32,
Township 117, Range 23 all in Minnesota described as follows:
Commencing at a point on the east-west quarter-section line of said Section 32 a distance of
1089.00 feet easterly from the southwest corner of said Southeast Quarter of the Northwest
Quarter; thence northerly, parallel with the north-south quarter-section line of said Section
32, a distance of 856.55 feet to a Judicial Landmark set pursuant to Torrens Case No.
16413; thence easterly, parallel with said east-west quarter-section line 330.00 feet; thence
southerly, parallel with said north-south quarter-section line to said east-west quarter-section
line; thence westerly along said east-west quarter-section line to the point of beginning;
and
That part of the Southeast Quarter of the Northwest Quarter of Section 32, Township 117,
Range 23, described as beginning at the intersection of the North line of said Southeast
Quarter with a line drawn Northerly parallel with the West line of said Southeast Quarter,
from a point on the South line of said Southeast Quarter distant 742.5 feet Easterly from the
Southwest corner of said Southeast Quarter; thence Southerly along said parallel line 628.57
feet; thence Easterly parallel with the North line of said Southeast Quarter to the intersection
with a line drawn Northerly parallel with the East line of said Southeast Quarter, from a
point on the South line of said Southeast Quarter distant 1089 feet Easterly from said
Southwest corner; thence Northerly along the last-described parallel line to the North line of
said Southeast Quarter; thence Westerly along said North line to the point of beginning.
A portion of the East line of the above-described tract is marked by Judicial Landmarks set
pursuant to Torrens Case No. 16413;
and
That part of the Southeast Quarter of the Northwest Quarter, Section 32, Township 117,
Range 23 described as beginning at a point on the South line of said Southeast Quarter of the
Northwest Quarter 313.5 feet East from the Southwest corner of said Southeast Quarter of
the Northwest Quarter; thence East along the South line of said Southeast Quarter of the
Northwest Quarter 165 feet; thence North parallel with the West line of said Southeast
Quarter of the Northwest Quarter 330 feet; thence East parallel with the South line of said
Southeast Quarter of the Northwest Quarter 264 feet; thence North parallel with the West
line of said Southeast Quarter of the Northwest Quarter to the North line of said Southeast
Quarter of the Northwest Quarter; thence West along said North line 429 feet more or less to
its intersection of a line drawn parallel with the West line of said Southeast Quarter of the
Northwest Quarter from the point of beginning; thence South along said parallel line to the
point of beginning except that part thereof described as the West 115 feet of the South
378.78 feet as measured along the Southerly and Westerly line thereof."
EXHIBIT A
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Dated:
September 16, 1992
CERTIFICATION
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
I, Anne P. Latter, duly appointed Deputy 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 24th day of Auqust
1992.
LC1cf~
AnneP. Latter
Deputy Clerk