89-050
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RESOLUTION NO. 50-39
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
AND SETBACK VARIANCE
TO LEE LaBORE
WHEREAS, Lee LaBore (Applicant) is the owner of real property
located at 4445 Enchanted Point in the City of Shorewood, County of
Hennepin, legally described in Exhibit A attached hereto and made a part
hereof; and
WHEREAS, Applicant intends to build a new house with an attached
garage on the property and maintain and remodel an existing garage on the
north end of the property; and
WHEREAS, the area of the new garage, when added to the area of
the existing garage on the property, will total 1167 square feet; and
WHEREAS, the existing garage encroaches 15 feet into the setback
area of an adjacent public right-of-way and, therefore, requires a
variance to remain in that location; 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 29 May 1989, which memorandum is on file at
City Hall; and
WHEREAS, the Shorewood City Code requires a Conditional Use
Permit for the construction of accessory space containing an excess of
1000 square feet; and
WHEREAS, after required notice, a public hearing was held and the
application was reviewed by the Shorewood Planning Commission at their
regular meeting on 6 June 1989, the minutes of which meeting are on file
at City Hall; and
WHEREAS, the Applicant's request for a Conditional Use Permit and
variance was considered by the City Council at their regular meeting on 12
June 1989, at which time the Planner's memorandum and the minutes of the
Planning Commission were reviewed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
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FINDINGS OF FACT
1. That the total proposed accessory space (1167 square feet)
does not exceed the "footprint" area of the principal structure (2349
square feet).
2. T hat the total area of accessory space does not exceed 10% of
the minimum lot area for the R-1C Zoning District in which it is located
(2000 square feet).
3. That the applicant has removed from the property a boathouse
containing 400 square feet which has existed as a non-conforming use.
4. T hat the variance requirement is considered a technicality
because the described public right-of-way is not used as a public street
but serves only as a driveway for a lot to the east of the subject site.
5. That the Applicant's proposed construction of a private house
with attached garage is a reasonable use of the property and the proposed
accessory structures are compatible with other structures located on
properties in the immediate area.
6. That the Applicant has established undue hardship and has
satisfied the criteria for the grant of a Conditional Use Permit and
variance under the appropriate sections of the Shorewood City Code and
Minnesota Statutes.
CONCLUSION
1. That the application of Lee LaBore for a Conditional Use
Permit and variance as set forth hereinabove be and hereby is granted.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 26th
day of June, 1989.
ATTEST:
Sandra L. Kennelly, City Clerk
Roll Call Vote:
A yes -
Nays -