87-029
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RESOLUrI~ 00. 29-87
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\\HEREAS, William H. Henney has applied for a Conditional Use
Permit and variances for the construction of a single-family residence on
property he has contracted to purchase at 26990 Edgewood Road in the City
of Shorewood, legally described as:
Lot 4, Block 2, Sarrpson's Upper Lake Park
and;
WHEREAS, the property does not meet the area requirements of the
current zoning ordinance and, therefore, a Conditional Use Permit is
required for the construction of a private dwelling; and
WHEREAS, the property does not meet the minimun lot area
requirements for a Conditional Use Permit and therefore requires a
variance to the ordinance; and
WHEREAS, the single-family dwelling proposed to be constructed
does not meet the setback requirements for shoreline property and
therefore requires a variance to the ordinance; and
WHEREAS, a Public Hearing was ,held and the application reviewed
by the Planning Cannission on February 3, 1987; and
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WHEREAS, further reviews of the application were had before the
City Conncil at their regular meetings held on February 9 and February 23,
1987; and
WHEREAS, the City Attorney was directed by the Conncil to prepare
a resolution setting forth findings and conclusions denying applicant's
request for a Conditional Use Permit and variances.
NlV, 'UmREKEE, BE IT RESOLVED by the City Conncil of the City of
Shorewood as follows:
FINDI~ OF FACl'
1. That the subject property is located in an R-lA zoning
district and contains approximately 10,950 square feet.
2. That to be a buildable property the R-lA zoning district
requires a minimum of 40,000 square feet.
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3. That the Shorewood Zoning Ordinance provides for the grant ing
of a Conditional Use Permit for construction of a dwelling in instances
where the property is within 70% of the area requirements for the district
and no other variances are required.
4. That the subject property has an area less than 30% of the
area requirements for the district and an additional setback variance
would be required for the construction of a dwell ing.
5. That a boat dock is presently located on the property and the
property has been used for lake access continually since 1956.
6. That the use of the property as a dock site and for lake
access pre-dates the present zoning ordinance, and such use of the
property is therefore a "grandfathered" right of the owners.
aHUJSI~S
1. That the variances requested constitute a substantial
deviation fran the requirements of the zoning ordinance not in keeping
with the character of the locality.
2. That the property can be put to a reasonable use for lake
access and for a dock site nnder the conditions of the Shorewood zoning
ordinance.
3. That the applicant has not met the requirement of "nndue
hardship", and the City Conncil of the City of Shorewood therefore denies
applicant's request for variances and a Conditional Use Permit.
AOOPl'ED BY 'mE CI1Y an-CIL of the Ci ty of Shorewood this 9th
day of March , 1987.
Robert Rascop
Mayor
A1TEST:
Sandra L. Kennellv
Ci ty Clerk