92-080
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RESOLUTION NO. 80-92
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO DEVELOP A
SUBSTANDARD LOT, A LOT WIDTH VARIANCE AND A LOT AREA VARIANCE TO
MICHAEL SCHAUB
WHEREAS, Michael Schaub (Applicant) is the owner of real property located at 5185
Shady Island Road, in the City of Shorewood, County of Hennepin, State of Minnesota,
legally described as follows:
"Lot 24, except the easterly 5 feet thereof, Shady Island, Lake Minnetonka"; and
WHEREAS, in April, 1992 an existing single-family dwelling located on the property
was destroyed by fire; and
WHEREAS, the Applicant proposes to build a new home on the subject property; and
WHEREAS, the subject lot does not comply with the lot width or area requirements
of the R-1B/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 a five-foot variance to the lot width requirement, and a 6650 square
foot variance to the lot area requirement; 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
31 July 1992, 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 4 August 1992, the
minutes of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request for a conditional use permit and variances was
considered by the City Council at their regular meeting on 10 August 1992, 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-1B 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.
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3. That the Applicant's lot is 70 feet wide which is 64 percent of the required lot
width in the R-1B zoning district.
4. That the Applicant's lot is 14,350 square feet in area which is 48 percent of
the lot area required in the R-1B 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-IB 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 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 the Applicant has satisfied the criteria for the grant of a conditional use
permit to build on a nonconforming lot of record.
3. That based upon the foregoing, the City Council hereby grants Applicant's
request for a conditional use permit and variances as set forth above.
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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ATTEST:
c. Hurm, City Administrator/Clerk
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Dated:
August 24, 1992
CERTIFICATION
STATE OF MINNESOTA )
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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 24th day of
Auqust ,1992.
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C. Hurm
Administrator/Clerk