08-073CITY OF SHOREWOOD
RESOLUTION NO. 08-073
A RESOLUTION DENYING A SETBACK VARIANCE
FOR ROBERT THOMSON
WHEREAS, Robert Thomson (Applicant) is the owner of real property located at
5050 Suburban Drive, City of Shorewood, County of Hennepin, State of Minnesota, legally
described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicant's property is less than 16 feet wide over the easterly 215 feet
thereof, making it a nonconforming lot with respect to Shorewood zoning requirements; and
WHEREAS, the Applicant and the owners of property located at 5060 Suburban Drive
share a common driveway, much of which is located on the Thomson property; and
WHEREAS, Shorewood's Zoning Code requires driveways to be a minimum of five feet
from the property line; and
WHEREAS, the Applicant has applied for a variance to constrict a new driveway, 1.0
feet wide, entirely within the boundaries of his property; and
WHEREAS, the Applicant's request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 30 July 2008, a copy of which is on file
at City Hall; and
WHEREAS, after required notice a public hearing was held and the application reviewed
by the Planning Col~tnissiarl at a regular meeting held on 5 August 2008, the minutes of which
meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on 27
October 2008, at which time the Planner's memorandum and the Planning Commission's
recommendations were reviewed and comments were heard by the Council from the Applicant
and from the City staff; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The subject property contains approximately 30,864 square feet and is located in
an R-1C, Single-Family Residential zoning district, which requires lots to be 100 feet wide at the
front building line.
2. The Applicant's property is less than 16 feet wide over the easterly 215 feet.
3. The Applicant shares a common driveway with the owners of the property at 5060
Suburban Drive, much of which is located on the Thomson property.
4. There is no current driveway easement or maintenance agreement between the
Thomson property and the property at 5060 Suburban Drive.
CONCLUSIONS
A. The Applicant has not satisfied the criteria for the grant of a variance under the
Shorewood City Code and has not established an undue hardship as defined by Minnesota
Statutes.
B. Based upon the foregoing, the City Council hereby denies the Applicant a setback
variance to construct a driveway that does not comply with Shorewood zoning requirements.
C. 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 this 2'7th day of
October 2008.
Christine Lizee, Mayor
ATTEST:
Administrator/Clerk
-2-
Leal Descr~~tion:
Yfsat part of Lot 7, Block 3, MINNETONKA MANOR, described as follows:
Coenrnencing at the northwest corner of said Lot 7; fihence east on p-rorth
line of said Lot 7, distance 266.1 feet to a point 215 feet west of the
northeast corner of said Lot; thence south and parallel with the east line
of said Lot distant 99.5 feet to a point 8 feet north of the south.line of
said Lot; thence east and parallel with the south line of said Lot; thence
south on east line distant 8 feet to the southeast corner of said Lot;
thence west on the south line distance 421.1 feet to the southwest corner
of said Lot; thence northwesterly on the westerly line of said Lot distance
13® feet to the place of beginning. ALSO, that part of Lot 8, Block 3,
MINNETONKA MANOR lying northerly of a line parallel to and distant 8
feet southerly of the northerly line thereof.
Exhibit A