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07-054CITY OF SHOREWOOD RESOLUTION N0.07-054 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO GREGORY AND LORRAINE SCOTT WHEREAS, Gregory and Lorraine Scott (Applicants) are the owners of real property located at 28100 Woodside Road, in the City of Shorewood, County of Hennepin, legally described as; "Tract A and Tract B, Registered Land Survey No. 1515, Hennepin County, Minnesota"; and WHEREAS, the Applicants have applied to the City for a Conditional Use Permit for the construction of additional garage space, the area of which, when added to the area of existing accessory space on the property, will bring the total area of accessory space on the property up to 2140 square feet; and WHEREAS, the Shorewood City Code requires a Conditional use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicants request was reviewed by the Ad Hoc Committee for Nonconforming Accessory Buildings at a meeting held on 18 June 2007, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicants' request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 14 June 2007, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at its regular meeting on 17 July 2007, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicants' request was considered by the City Council at its regular meeting on 27 August 2007, at which time the Planner's memorandum, the minutes of the Ad Hoc Committee, and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The subject property is located in a R-lA/S, Single- Family Residential/Shoreland zoning district and contains approximately 84,650 square feet of area. 2. The total proposed accessory space (2140 square feet) does not exceed the floor area above grade of the principal structure (2956 square feet on main level alone). 3. The total area of accessory space does not exceed 10% of the minimum lot area for the R-lA/S zoning district in which it is located (4000 square feet). 4. That the design and materials of the proposed attached garage are consistent with the architectural character of the existing home. 5. The subject garage complies with all setback requirements for the R-lA/S. zoning- district. 6. The boathouse located on the west end of the property does not comply with current setback requirements from Lake Minnetonka. 7. The Ad Hoc Committee established to review nonconforming accessory structures has recommended that the nonconforming boathouse has architectural, cultural or historical value, specifically: a. The structure is a well-known landmark, as noted in Mpls St. Paul magazine. b. The property was formerly occupied by a family heavily involved in the Girl Scouts of America movement. c. The pagoda style, the roof support system as described by the owner, and the method of construction exhibit the distinguishing characteristics of and architectural style. d. The architecture of the structure is innovative for the area. e. The structure was built in approximately 1910. CONCLUSION A. The application of Gregory and Lorraine Scott for a Conditional Use Permit as set forth herein above be and hereby is granted. B. This approval is subject to the following: The attached garage will be used strictly for purposes of a residential nature. 2. The Applicants are hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the garage for other than allowable residential purposes would have to comply with such regulations. 3. The Applicants shall enter into a maintenance agreement with the City, suitable for recording, setting forth standards for the maintenance of the nonconforming boathouse. -2- C. That the City Administrator/Clerk is hereby authorized and directed to provide the 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 SHOREWOOD this 27t" day of August 2007. .~ -_ / '~. .4 ~. _y ~- .rev' CHRISTINE LIZEE, MAYOR ATTEST: ,y-' ~ ~ ~~ CRAIt~ ~~ .~DAV45Oi`~T, CITY ADMINISTRATOR/CLERK -3-