Loading...
90-077 . . . RESOLUTION NO. 77-90 A RESOLUTION APPROVING A VARIANCE FOR DON MESSENGER WHEREAS, Don Messenger (Applicant) is the owner of certain real property (Subject Property) in the City of Shorewood, County of Hennepin, State of Minnesota, located at 24620 Smithtown Road, legally described as: Lot 23, Auditor's Subdivision No. 133 and WHEREAS, Applicant has applied to the City for a variance permitting him to temporarily maintain two buildings on the property; and WHEREAS, Applicant proposes to build a new residence on his 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, after required notice, a public hearing was held and the application reviewed by the Planning Commission at a regular meeting held on 17 July 1990, 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 23 July 1990, 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 Subject Property is located in an R-1A, single family residential zoning district, and the zoning ordinance does not permit more than one principal building to be located on a lot. . . . . ' 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 complted. ( c ) T hat the existing accessory structure located on the property be removed in accordance with the above or brought into conformance with the requirements of the zoning ordinance. (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. . . . 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 CITY this 13th day of August, 1990. ~TEST : \" )~~/rU..( ~: La:utence E. Whittaker City Administrator/Clerk I l Roll Call Vote: A yes - 4 Nays - 0 Absent - 1 OF SHOREWOOD Hue , May _.j . . . DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this _ day of 1990, by and between the City of Shorewood, a Minnesota Municipal Corporation, hereinafter referred to as "City", and Donavan D. Messenger, hereinafter referred to as "Messenger"; WHEREAS, Messenger is the owner of certain property in the City of Shorewood, County of Hennepin, State of Minnesota, located at 24620 Smithtown Road, legally described as: Lot 23, Auditor's Subdivision No. 133 and WHEREAS, the City has by resolution agreed to allow Messenger 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 Messenger agree as follows: 1. That the City has granted a variance to permit Messenger to maintain his existing residential building on his property until his new residence, to be located on the same property, is completed. 2. That 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. -EXH/f>/r fJ- ", ' " ' . 3. That the existing residence located on the property be removed within a period of two weeks after the new home is complted. 4. T hat the existing accessory structure located on the property be removed in accordance with the above or brought into conformance with the requirements of the zoning ordinance. 5. T hat prior to the issuance of a building permit for the new building, Messenger obtain a bid for the demolition and removal of the existing buildings on the property. 6. That to assure and guarantee the City that such removal will be accomplished, Messenger 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 buildings are removed. In . the event said buildings are 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. Dated: CITY OF SHOREWOOD Donavan D. Messenger Laurence E. Whittaker City Administrator/Clerk .