92-095
"
RESOLUTION NO. 95-92
.
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR ADDITIONAL ACCESSORY SPACE AND SETBACK VARIANCES
TO JOHN DOLAN
WHEREAS, JOHN DOLAN (Applicant) is the owner of real property located at
26305 Edgewood Road, in the City of Shorewood, County of Hennepin, legally described as:
Lot 4, Block 1, Oak Ridge Estates
and
WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for
the construction of an attached garage, the area of which, is 1981 square feet; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the
construction of accessory space exceeding 1200 square feet; and
WHEREAS, The Applicant has applied for a setback variance to allow the house to
be located 24.5 feet from the rear lot line of the site, which variance amounts to 25.5 feet;
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 August 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 1 September 1992, the
minutes of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at their
regular meeting on 14 September 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 total proposed accessory space (1981 square feet) does not exceed the
floor area above grade of the principal structure (2383 square feet).
~
.
2. That the total area of accessory space does not exceed 10% of the minimum
lot area for the R-IA Zoning District in which it is located (4,000 square feet).
3. That design and materials of the garage are consistent with the architectural
character of the proposed home.
4. That the Applicant has provided soil tests showing that the site has been filled
and locating the house 50 feet from the rear lot line would result in substantial site alteration.
5. That the adjacent house to the west is located 37.5 feet from the street right-
of-way, and that the City Code provides for an average setback to be established in such
cases.
6. That the City Engineer has reviewed existing drainage problems in the area
and recommends that the lowest level of the house be kept as high as possible.
7. That locating the house 43.75 feet from the Edgewood Road right-of-way and
35 feet from the rear lot line minimizes the variance necessary for the applicant to make,
reasonable use of his property.
CONCLUSION
.
1. That the application of John Dolan for a Conditional Use Permit as set forth
hereinabove be and hereby is granted.
2. That based upon the foregoing, the City Council hereby grants the Applicant a
15-foot rear yard setback variance and a 6.25 side yard abutting a street variance for the
purpose of constructing the home.
3. That the City Administrator/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 October,
1992.
ATTEST:
· Jk~rmG~
City Administrator/Clerk
I'
,"
.,
.
.
.
'\
Dated:
October 12, 1992
CERTIFICATION
STATE OF MINNESOTA )
) ss
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 12th day of October, 1992.
/7
~Oc(~
Anne P. Latter
Deputy Clerk