88-087
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RESOLUTION 87-88
A RESOLUTION GRANTING A CONDITION USE PERMIT AND VARIANCE
FOR ADDITIONAL ACCESSORY SPACE
WHEREAS, Tom Swanson (Applicant) has applied for a Conditional
Use Permit and a Variance for the construction of a new detached garage to
replace his existing garage on property located at 25405 Smithtown 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 new garage will result in a total amount of
accessory building area on the property of 1,557 square feet; and
WHEREAS, Shorewood City Code requires a Conditional Use Permit
for any accessory space exceeding 1,000 square feet; and
WHEREAS, the existing house located on the property has a
"footprint" size of 1,100 square feet; and
WHEREAS, Shorewood City Code requires a variance for the
construction of accessory space whereby the total area of the accessory
space is greater than the first floor area of the principal structure
located on the property; and
WHEREAS, the Applicant's application was reviewed by the
Shorewood Planning Commission at a public hearing held on 5 July 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-1A, single family
residential, and the surrounding property, except for the property to the
north, is also zoned R -1 A .
2. T hat the existing principal structure on the property is a
private residence with a "footprint" containing approximately 1,100 square
feet.
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3. T hat the area of the proposed new garage, when added to the
area of the existing barn located on the property, will total
approximately 1,557 square feet, all of which will be accessory space.
4. T hat the construction of the proposed garage is a reasonable
use of the property and that the Applicant will suffer undue hardship if
the property cannot be put to such use.
5. T hat the proposed garage will be compatible with other
structures already located in the surrounding area.
6. That the plight of the Applicant is due to circumstances
unique to the subject property and not created by himself.
CONCLUSIONS
That based on the foregoing, the City Council of the City of
Shorewood concludes:
That the application of Tom Swanson for a Conditional Use Permit
and Variance as set out hereinabove be and hereby is granted, providing
that in no instance shall the total accessory space on the property be in
excess of 1,557 square feet.
BE IT FURTHER RESOLVED that the City Clerk furnish Applicant 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 22d day of
August, 1988.
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk
Roll Call Votes:
A yes - 4
Nays - 0
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LEGAL DESCRIPTION
"That part of LotS lying west of a line running from a point in northerly
line thereof. distance 105 feet northwesterly from northeast corner thereof
to a point in south line of Lot 5 distance 200 feet west from southeast
corner thereof and lying easterly of a line running from a point in
northerly line of Lot 5. distance 145 feet southeasterly from northwest
corner thereof to a point in south line of Lot 5 distance 84 2/10 feet east
from southwest corner thereof."
EXHIBIT A