91-029
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3/20/91
RESOLUTION NO. 29-91
A RESOLUTION APPROVING A VARIANCE
FOR TWO DWELLINGS ON ONE LOT
WHEREAS, DENNIS CLAR K (Applicant) is the owner of certain real
property (the Property) in the City of Shorewood, County of Hennepin,
State of Minnesota, located at 20880 Radisson Road, legally described as:
Lot 12, Block 1, Tingewood
and
WHEREAS, Applicant proposes to build a new residence on the
Property but wishes to live in his existing residence on the Property
until the new building is completed; and
WHEREAS, Section 1201.03, Subd. 2. C. (4) of the Shorewood Zoning
Ordinance permits only one principal building on a lot; and
WHEREAS, Applicant has therefore applied to the City for a
variance permitting him to temporarily maintain two buildings on the
Property; and
WHEREAS, after required notice, a public hearing was held and the
application reviewed by the Planning. Commission at a regular meeting held
on 5 March 1991, the minutes of which meeting are on file at City Hall;
and
WHEREAS, the Applicant appeared before the City Council at a
regular meeting of the Council held on 11 March 1991, at which time the
Planner's memorandum was reviewed and comments were heard by the Council,
from the Applicant, and from the City staff; and
WHEREAS, the City Attorney was directed by the City Council to
prepare a Resolution setting forth findings and conclusions approving the
Applicant's request for a variance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Shorewood as follows:
FINDINGS OF FACT
1. That the Property is located in an R-1C, single family
residential zoning district, and the zoning ordinance does not permit more
than one principal building to be located on a lot.
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2. That Applicant wishes to maintain two principal buildings on
his lot so he may live in his existing residence while the new residence
is being built on the same lot.
3. That Applicant's request is consistent with past City policy
wherein the City has permitted the temporary use of residential property
for two principal buildings.
4. That the variance, if granted, would not violate the intent
and purpose of the City Comprehensive Plan and would not alter the
essential character of the locality.
CONCLUSIONS
1. That due to the temporary nature of the use of the Property
for two homes, as proposed by the Applicant, Applicant's request would
appear to be reasonable.
2. That the Applicant has satisfied the criteria for the
variance under Section 1201.05 of the Shorewood City Code and has
established an undue hardship as defined by Minnesota Statutes Section
462.357, Subd. 6 (2).
3. That based on the foregoing, the City Council hereby grants
the Applicant's request for a variance as set forth hereinabove, subject
to the following conditions:
( a) T hat the new residence to be constructed on
the Property be completed within a period
of one year from the date hereof.
(b) T hat the existing residence located on the
Property be removed within a period of two
weeks after the new home is completed.
(c) That the Applicant furnish to the City a
letter of credit or cash escrow for 150
percent of the cost of demolishing the
existing building.
(d) T hat the approval granted herein is
specifically conditioned upon the terms and
conditions contained in the Development
Agreement attached hereto as Exhibit A.
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4. That the Mayor and City Administrator/Clerk are hereby
authorized to executed the attached Development Agreement on behalf of the
City Council.
ADOPTED BY THE CITY COUNCIL OF THE
this 25th day of March, 1991.
ATTEST:
Bradley J. Nielsen
Acting City Administrator/Clerk
Roll Call Vote:
A yes -
Nays -
CITY OF SHOREWOOD
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Barbara J.( ~rancel, Mayor
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DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
1991, by and between the City of Shorewood, a Minnesota Municipal
Corporation, hereinafter referred to as "City", and Dennis Clark, hereinafter
referred to as "c lark" .
WHEREAS, Clark is the owner of certain property in the City of
Shorewood, County of Hennepin State of Minnesota, located at 20880 Radisson
Road, legally described as:
Lot 12, Block 1, Tingewood
and
WHEREAS, the City has by resolution agreed to allow Clark to
maintain his existing residential building on his property until his new
residence, to be located on the same property, is completed.
NOW, THEREFORE, in consideration of the foregoing provisions and the
permission granted by the City, the City and Clark agree as follows:
1. That the City has granted a variance to permit Clark to maintain
his existing residential building on his property until his new
residence, to be located on the same property, is completed.
2. T hat the new residential building to be constructed on the
property will be completed within one year from the date of the
grant of the variance.
3. T hat the existing residence located on the property be removed
within a period of two weeks after the new home is completed.
EXHIBIT A
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Dated:
4. T hat prior to the issuance of a building permit for the new
building, Clark obtain a bid for the demolition and removal of the
existing building on the property.
5. That to assure and guarantee the City that such removal will be
accomplished, Clark agrees to furnish the City with either a cash
deposit or an irrevocable letter of credit approved by the City in
an amount equal to 150% of the amount of the bid for removal. Said
deposit or letter of credit shall remain in effect until such time
as the said building is removed. In the event said building is not
removed from the property pursuant to the above conditions, such
deposit or letter of credit may be utilized by the City to defray
the cost of such removal by the City.
CITY OF SHOREWOOD
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Dennis Clark
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