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88-150 . . . RESOLUTION NO. 150-88 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR THE KORDONOWY RESIDENTIAL ESTATE AND APPRO VING THE CONCEPT AND DEVELOPMENT ST AGE PLAN THEREOF WHEREAS, Tom Kordonowy (the Applicant) is the owner of a certain tract of land located at 6100 Apple Road in the City of Shorewood, legally described in Exhibit A attached hereto and made a part hereof; and WHEREAS, the Applicant desires to construct a new barn on the land which exceeds the height limitations imposed by the City's Zoning Code and also would exceed the total amount of accessory building area permitted under the provisions of the City Code; and WHEREAS, the Applicant has applied for a Conditional Use Permit for a Planned Unit Development (PUD) for a residential estate; and WHEREAS, Shorewood City Code Section 1201.06 provides a procedure for the establishment of a PUD by the grant of a conditional use permit; and WHEREAS, Applicant's application for such a CUP has been reviewed by the City Planner, whose recommendations have been duly set forth in a memorandum to the Planning Commission, Mayor and City Council dated 27 October 1988, which memorandum is on file at City Hall; and WHEREAS, the Applicant's application has been reviewed by the Shorewood Planning Commission at a public hearing held on 1 November 1988, and the Commission voted unanimously to recommend approval of the application; and WHEREAS, a public hearing was held before the City Council on 28 November 1988, after notice was duly published in the official newspaper and mailed notices sent to the adjacent property owners; and WHEREAS, the Applicant appeared before the City Council at the public hearing to present his application for a C UP for a PUD residential estate, and answer questions concerning his application; and WH ERE AS, the Council then reviewed the application, the report of the City Planner, the recommendations of the City Planning Commission, and the testimony adduced at the public hearing; 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 CUP for a PUD and approving Applicant's concept and development plan thereof. . . . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the tract of land is in a district zoned R-1C, single family residential, and contains approximately 4.56 acres. That the applicant owns additional adjacent acreage to the north comprising approximately 8.62 acres. 2. T hat there is only one principal structure located on the tract of land, which structure contains 3,229 square feet on the first floor ("footprint") area plus a three-car garage which contains 1,095 square feet. T hat the gross area of the residential structure is 6,491 square feet, not including the basement. 3. That the new barn proposed to be constructed by the Applicant will increase the existing accessory space on the land to 4,368 square feet. 4. T hat the proposed new barn is proportionate to and fits well with the existing residence located on the site and is compatible with development in the surrounding area. 5. T hat the application complies with several of the purposes for a PUD as set forth in Section 1201. 25 (a) and (j) of the City Code providing for innovations in residential development and variations from the provisions of the Code as to setback height, etc. 6. That the Applicant has indicated that he intends that there be no further development or division of the subject tract of land. 7. T hat the proposed construction would therefore be compatible with the present and future land uses of the area and consistent with the official City Comprehensive Plan. 8. T hat the information submitted by the applicant is deemed sufficient for concept and development stage review and approval, pursuant to the provisions of the PUD Section of the Shorewood City Code. CONCLUSIONS 1. That the application of Tom Kordonowy for a Conditional Use Permit for a PUD for a residential estate is hereby granted and the general concept and development plan is hereby approved. 2. T hat the staff and City A ttorney are hereby directed to prepare a development agreement containing the terms and conditions approved by the City Council and accepted by the A pplicant, including provisions for a protective covenant which will ensure that there will be no future division of the subject tract of land.