08-017cITY of sxoREwooD
RESOLUTION NO. 08-017
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR ADDITIONAL ACCESSORY SPACE
TO HARVEY AND CAROL ANN MACKAY
WHEREAS, Harvey and Carol Ann Mackay (Applicants) are the owners of real property
located at 5925 Christmas Lake Road, in the City of Shorewood, County of Hennepin, legally
described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicants have applied to the City for a Conditional Use Permit for the
constnuction 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
2084 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 City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 13
February 2008, 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 19 February 2008, 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 25 February 2008, at which time the Planner's memorandum and the minutes of the
Plamling 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 2.76 acres of land area.
2. The total proposed accessory space (2084 square feet) does not exceed the floor
area above grade of the principal structure (6390 square feet divided between two levels).
3. The total area of accessory space does not exceed 10% of the minimum lot area
for the R-lA/S zolung 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. A detached accessory building (studio) located on the north end of the property
does not comply with current setback requirements from Cluistmas Lake, but was granted a
setback variance in 1982 to be built in its present location.
CONCLUSION
A. The application of Harvey and Carol Amt Mackay for a Conditional Use Permit
as set forth herein. above be and hereby is granted.
B. This approval is subject to the Applicants reducing the percentage of hardcover on the
subject property to no more than 25 percent. This maybe accomplished by assigning the area of hardcover
that exists as shared driveway between the subject property and an adjoining parcel owned by the
Applicants, legally described as Tract C, RLS No. 471, to the adjoining parcel.
C. 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 25t~' day of
February 2008.
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ATTEST:
Christine Lizee, Mayor
Larry Brown ,Acting City Administrator/Clerk
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LEGAL DESCRIPTION OF PREMISES:
Lots 187 and 188, Auditor's Subdivision
ALSO
Tract D, Registered Land Survey No. 471
Registered Land Survey., lying Southerly of
corner of said Tract E to a point in the
55 feet East from the Southwest corner
Number 120, Hennepin County, Minnesota;
and all that part of Tract E, said
a line running from the Southeasterly
Southerly line of said Tract E distant
of said Tract E.
This survey shows the boundaries of the above described property, the location
of all existing visible "hardcover" thereon, and the proposed location of a
proposed addition. It does not purport to show any other improvements or
encroachments.
Exhibit A