88-015
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RESOLurIOO ID. 15-88
A RESOUJrIOO DENYING A aNHTIOOAL USE PERMIT FOR '!HE
~STRUCrIOO OF A PRIVATE RESIDENCE 00 IDr 11
WHEREAS, Roy Ahern has applied for a conditional use permi t to
construct a single-fmnily residence on property located at 5540 Shore
Road, Shorewood, Minnesota, legally described as:
Lot 11, Radisson Inn Addition
and
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WHEREAS, a Public Hearing was held and the application reviewed
by the Planning Ccmnission 01;1 February 2, 1988; and
WHEREAS, a further review of the application was had before the
City Council at their regular meeting on February 8, 1988; and
WHEREAS, a motion directing the City Attorney to prepare findings
and conclusions denying the application, for review and action by the
Council at their their next regularly scheduled council meeting, was
passed by unanimous vote.
rOY, 'IHEREFORE, BE IT RESOLVED by the Ci ty Council of the City of
Shorewood as follows:
FINDINGS OF FACl'
1. That the property described as Lot 11, Radisson Inn Addition,
contains approximately 15,670 square feet and is located in a district of
the City zoned R-IC, Single Fmnily Residential, which requires a minimum
of 20,000 square feet. That Lot 11 would therefore fall under the
classifaction of "substandard lot."
2. That Shorewood City Code, Section 1201.26, Subd. 5-b, makes
the following provisions for construction on substandard lots, subject to
certain conditions:
"b. Substandard Lot: Any lot of record fi led in the office
of the Hennepin County Registrar of Deeds on or before the
effective date of this Ordinance, which does not meet the
area requirements of this Ordinance may be allowed as a
building si te....." (underline added)
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3. That a "lot of record" is defined by Shorewood City Code
Section 1201.02, Subd. 12, as follows:
"IDr (OF RE<XJRD): A parcel of land, whether subdivided or
otherwise legally described, as of the effective date of this
Ordinance, or approved by the City as a lot subsequent to
such date and which is occupied by or intended for occupancy
by one principal building, or principal use together with any
accessory buildings and such open spaces as required by this
Ordinance and having its principal frontage on a public
street, or a private street approved by the Counci 1."
4. That said Lot 11 is registered land and is burdened by an
easement memorialized on the Certificate of Title, which reads as follows:
"A permanent easement over and upon said Lot for the benefit
of all of the owners, their heirs and assigns, of the Lot of
said Radisson Inn Addition for the purpose of ingress and
egress to the bathing beach adjoining said Lot 11, Radisson
Inn Addi t ion. "
That said Lot 11 has been used for such purpose of ingress and egress by
the owners of the adjoining lots continually since the creation of the
easement.
5. That it appears from the language of the easement recorded on
the Certificate and the testimony of the adjacent landowners that Lot 11
was originally intended for use as a lake access lot and was not intended
for occupancy by one principal building.
6. That said Lot 11 is therefore not a "lot of record" intended
for one principal building, as defined by Shorewood City Code, and
consequently not an allowable building site.
7. That the applicant's proposed construction of a private
residence on the property would restrict the free use and access of Lot 11
by the owners of the other lots of Radisson Inn Addition for ingress and
egress to the bathing beach, as specifically provided for in the language
of the easement.
8. That restricting the free use and access of Lot 11 as a means
of ingress and egress to the bathing beach would have an adverse effect
upon other lands immediately close by and would therefore be inimical to
the general welfare of the corrmunity.
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aNCLUSIOOS
That based on the foregoing, the City Council of the City of
Shorewood hereby denies applicant's request for a conditional use penmit
for the construction of a private residence on Lot 11, Radisson Inn
Addition.
AOOPI'ED BY '!HE CIlY a:xJNCIL of the Ci ty of Shorewood this 28th day of
February, 1988.
Robert Rascop, Mayor
A'ITEST:
Sandra L. Kennelly, City Clerk