88-141
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RESOLUTION 141-88
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCE
FOR ADDITIONAL ACCESSORY SPACE
WHEREAS, Randy and Lisa Gibbs (Applicants) have applied for a
Conditional Use Permit and a Variance for the construction of a walk-out
level garage on the rear of their home on property located at 5365 St.
Alban's Bay Road in the City of Shorewood, County of Hennepin, State of
Minnesota, legally described in Exhibit A, attached hereto and made a part
hereof; and
WHEREAS, the proposed garage results in a total amount of
accessory area in the amount of 1,424 square feet; and
WHEREAS, Shorewood City Code requires a Conditional Use Permit
for any accessory area exceeding 1,000 square feet; and
WH ERE AS, the proposed garage will increase the total area of
accessory space on the site to an area exceeding the square footage of the
first floor area ("footprint") of the principal structure located on the
property; and
WHEREAS, Shorewood City Code requires a Variance for the
construction of any accessory space on property whereby the total area of
the accessory is greater than the first floor area of the principal
structure on the property; and
WHEREAS, the Applicants' application was reviewed by the
Shorewood Planning Commission at a public hearing held on 1 November 1988.
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 zoned R-2A, single and two
family residential district, and contains 33,854 square feet.
2. T hat the "footprint" of the existing principal structure on
the property is a private residence with a "footprint" containing
approximately 1,200 square feet.
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3. That the proposed walk-out level garage on the rear of the
home will increase the accessory space on the property to approximately
1,424 square feet.
4. That although the lower level of the garage is separate from
the basement of the home, the only thing which distinguishes it from the
basement is a 9 foot by 7 foot door on the north side of the home.
5. That the subject property is more than one and one-half times
the mInImUm lot size required for the R-2A district (20,000 square feet),
and Applicants have stated they do not intend to subdivide the property.
6. That Applicants proposed construction of a second garage on
the lower level is a reasonable use of the property and that Applicants
would suffer undue hardship if the property could not be put to such a
use.
7. T hat the proposed structure is compatible with other
structures located on property in the immediate area, and the position of
the Applicants is due to circumstances unique to the subject property, not
created by themselves.
CONCLUSIONS
That based on the foregoing the City Council of the City of
Shorewood concludes:
That the application of Applicants of a Conditional Use Permit
and Variance as set forth hereinabove be and hereby is granted.
BE IT FURTHER RESOLVED that the City Clerk furnish Applicants
with 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 14th day of
November, 1988.
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk
Roll Call Votes:
Ayes - Rascop, Brancel, Gagne, Haugen, Stover