14-008CITY OF SHOREWOOD
RESOLUTION NO. 14 -008
A RESOLUTION DENYING SETBACK AND BUILDING CONSTRUCTION
MATERIALS VARIANCES TO DAN AND TRINA VOLBRECHT
WHEREAS, Dan and Trina Volbrecht (Applicants) are the owners of property
located at 5770 Smithtown Circle, said property being described as:
"Lot 1, Block 2, Smithtown Circle, Hennepin County, Minnesota."; and
WHEREAS, the Applicants erected a vinyl covered, frame structure on their
property, without a permit and in violation of Shorewood's Zoning Code; and
WHEREAS, having received a zoning violation letter from the City ordering
removal of the structure, the Applicants have filed an application for variances to keep the
structure; and
WHEREAS, a public hearing was held and the application was reviewed by the
Planning Commission on 5 February 2014 and, after deliberation, the Planning
Commission recommended denial of the variances; and
WHEREAS, the City Council at its regular meeting held on 24 February 2014
reviewed the material submitted by the Applicants, the recommendation of the Planning
Commission, and the Planning Director's staff report, dated 29 January 2014, which
report is on file in the Shorewood City Hall;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The Applicants' property is located in the R -1C zoning district and
contains 24,713 square feet of area.
2. The Applicants' property is a corner lot, occupied by a single- family
residential home with an attached garage and a small, detached utility shed.
3. The structure erected by the Applicants is made of a vinyl material
stretched over a frame which measures 14.5'x 32' and is located 32.3 feet from the rear of
the property, where 40 feet is required, and 15.6 feet from the right -of -way for Smithtown
Road, where 35 feet is required.
4. Shorewood's zoning regulations require that accessory structures in excess
of 150 square feet in area must be constructed with materials and design compatible with
the general character of the principal structure on the lot.
5. There is ample room on the Applicants' property to locate an accessory
structure in compliance with the setback requirements of the R -I C zoning district.
CONCLUSIONS
A. The Applicants have failed to demonstrate that practical difficulties exist
that prevent them from making reasonable use of their property.
B. The Applicants' request for variances to keep the vinyl covered structure is
hereby denied.
C. The Applicants are hereby directed to remove the vinyl covered structure
from their property no later than 15 May 2014.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th
day of February 2014.
Sc� may, Ma or
ATTEST:
Jean Panchyshyn, 06 Cle c