05-100
CITY OF SHOREWOOD
RESOLUTION NO. 05-100
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR ADDITIONAL ACCESSORY SPACE
TO MICHAEL CATAIN
WHEREAS, Michael Catain (Applicant) is the owner of real property located at 4550
Enchanted Point, in the City of Shorewood, County of Hennepin, legally described in Exhibit
A, attached hereto and made a part hereof; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the
construction of accessory space exceeding 1200 square feet; and
WHEREAS, the Applicant has applied to the City for a Conditional Use Pemlit for
the construction of a dettached garage which, when combined with other accessory space on
the site will amount to more than 1200 square feet; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 29
September 2005, 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 their regular meeting on 4 October 2005, the
minutes of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at their
regular meeting on 28 November 2005, at which time the Planner's memorandum 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 total area of accessory space (1519 square feet) does not exceed the floor area
above grade of the principal structure (5866 square feet).
2. The Applicant's lot contains approximately 60,000 square feet of area, and that the
total area of accessory space on the property will not exceed 10% of the minimum lot area for
the R-1C/S Zoning District in which it is located (2000 square feet).
3. The design and materials of the garage are compatible with the architectural
character of the existing home.
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4. The proposed garage complies with all setback requirements for the R-1C/S
District.
CONCLUSION
1. That the application of Michael Catain for a Conditional Use Permit as set
forth herein above be and hereby is granted.
2. That this approval is subject to the following:
a. The proposed garage will be used strictly for purposes of a residential
nature.
b. The Applicant is 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. That the City Administrator/Clerk is hereby authorized and directed to provide
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
November 2005.
Woody Love, Mayor
ATTEST:
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LEGAL DESCRIPTION OF PREMSIES :
Lot 16, Auditor's Subdivision No. 354, Hennepin County, Minnesota, and that
part of Lot 4, Block 4, ENCHANTED PARK, Hennepin County, Minnesota, lying
northerly of the following described line, hereinafter refered to as "Line A";
Commencing at the most westerly corner of Lot 16, Auditor's Subdivision
No. 354,Hennepin County, Minnesota; thence easterly along the southerly line
of said Lot 16 a distance of 237.80 feet to the point of beginning of the
property being described; thence westerly 240.90 feet to a point on the
westerly line of said Lot 4, Block 4, distant 32.4 feet southerly of the
most westerly corner of said Lot 16, and there terminating. Also, that part
of Lots 2 and 3, Block 3, Enchanted Park, lying northerly of the westerly
extension of the above described line A and lying easterly of the following
described "Line B", and that part of Lot 15 and 17, Auditor' Subdivision
No. 354 lying easterly of the following described "Line B". Line B, commencing
at the most southerly corner of said Lot 2, Block 3; thence southerly to the
'!lost southerly corner of Lot 1 of said Block 3; thence deflecting 163 degrees
27 minutes to the right for 128.35 feet to the intersection with the westerly
extension of said "Line A' , and being the point of beginning; thence continuing
northerly on last described course 38.25 feet; thence deflecting 42 degrees
17 minutes to the right 69.74 feet; thence deflecting 20 degrees 58 minutes
to the left, to the northwesterly line of Lot 15, Auditor's Subdivision No. 354,
and there terminating. Also that part of Lot 9, Auditor's Subdivision No. 354.,
lying southerly and southwesterly of the southerly shore of Lagoon and adjacent
to Lots 15 and 16, said subdivision, together with an easement for private
driveway as created in Document No. 4554064. Subject to an easement for road
purposes over said Lot 17.
NOTE: that part of Vacated Hickory Lane lying northerly of said "Line A" was
not included in the above legal description as shown in Stewart Title Committment
No. ST -28815, dated May 6, 2004. This should be added to the description in order
to conform to current tax maps.
NOTE: No easements are listed in the above title committment for this property
other than in the legal description.
Exhibit A