09-044CITY OF SHOREWOOD
RESOLUTION NO. 09 -044
191 0 121 K93 'A r *. tir r a m I N L T A _,1 i' 1 rr r
WHEREAS, Mark Themig and Brad Heppner (Applicants) propose to add on to their
existing home located at 21780 Lilac Lane, extending the first floor, replacing the existing
attached garage and adding a second story and a wrap- around porch to the home on the property,
said property being described as:
"That part of Lot 135, Auditor's Subdivision No. 120, Hennepin County, MN."
WHEREAS, the existing home on the property does not comply with the setback
requirements of the Shorewood Zoning Code, and the Applicants have therefore made
application for a variance; and
WHEREAS, the Applicants' request was reviewed by the Planning Director and his
comments are included in memoranda, dated 28 May 2009 and 9 July 2009, which memoranda
are on file in the Shorewood City Hall; and
WHEREAS, a public hearing was held and the application was reviewed by the Planning
Commission on 2 June 2009 and, after deliberation, the Planning Commission voted to not
recommend the variance; and
WHEREAS, the City Council at its regular meeting held on 13 July 2009 reviewed the
material submitted by the Applicant, written and oral public testimony, the recommendation of
the Planning Commission and the Planning Director's memoranda;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
The Applicants' property is located in an R -IA, Single- Family Residential zoning district
which requires a 50 -foot front yard setback, 10 -foot side yard setbacks and a 50 -foot rear
yard setback.
2. The Applicants' house is located approximately 34.4 feet back from the Lilac Lane right -
of -way, encroaching over 15 feet into the front yard setback.
3. The Applicants' property contains 56,180 square feet of area and 204 feet in width.
4. The existing home contains approximately 1071 square feet of floor area, plus an
additional 240 square feet of floor area in a dormer above the first floor. The existing
garage contains approximately 280 square feet of area.
5. The Applicants propose to expand the home to a total of 4432 square feet, including the
wrap- around porch, but not including the lowest level of the house.
6. The Shorewood Zoning Code imposes restrictions on the enlargement, extension, or
structural alteration of nonconforming structures, provided that such expansion does not
increase the nonconformity and complies with height and setback requirements of the
district in which it is located.
The variance requested by the Applicants constitutes a significant deviation from the
requirements of the Shorewood Zoning Code.
2. The Applicants' property can be put to a reasonable use under the conditions imposed by
the Shorewood Zoning Code.
The Applicants have not met the criteria for the grant of a variance under Section 1201.05
of the Shorewood City Code and has failed to establish any undue hardship as defined by
Minn. Stat. Section 462.357, Subd. 6(2).
4. The Applicants' request for the variance set forth above is hereby deified.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of
August 2009.
Christine Lizee, Mayor
ATTEST:
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