16-081RESOLUTION NO. 16 -081
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT, LOT AREA,
SETBACK AND HARDCOVER VARIANCES AND A VARIANCE TO BUILD ON A
SUBSTANDARD LOT
TO MARC AND KERRI HEXUM
WHEREAS, Marc and Kerri Hexum (Applicants) are the owners of real property located
at 5205 Howards Point Road, City of Shorewood, legally described in Exhibit A, attached hereto
and made a part hereof; and
WHEREAS, the Applicants have an existing single- family dwelling, which dwelling is
currently eight feet short of the side yard setback requirement, 22 feet short of the front yard
requirement and 10 feet short of the rear yard requirement; and
WHEREAS, the Applicants propose to demolish the existing home and build a new
home which would comply with all required setbacks except for the front; and
WHEREAS, the Applicants have requested a conditional use permit and variance to
build on a substandard lot, a setback variance and a variance to the impervious surface
requirements of the R -lA /S, Single - Family Residential /Shoreland zoning district; and
WHEREAS, the Applicants' request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 30 September 2016, 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 Commission at a regular meeting held on 4 October 2016, the minutes of which
meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on 24
October 2016, 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 is located in an R -lA /S, Single - Family Residential/
Shoreland zoning district, which requires a total side yard setback of 30 feet with neither side less
than 10 feet.
2. The subject property is substandard in lot area, having only 13,534 square feet of
area where 40,000 feet is required.
3. The Applicants propose to construct a new home located 35 feet from the front
property line, where 50 feet is required.
4. The property currently has 51.2 percent of hardcover, whereas 25 percent is the
maximum for the Shoreland District. The Applicants' plan proposes 28.2 percent impervious
surface.
CONCLUSIONS
1. The Applicants' plans present drastically better conformance to zoning
requirements and have satisfied the criteria for the grant of variances under the Shorewood City
Code and has established "practical difficulties" as defined by Minnesota Statutes.
2. Based upon the foregoing, the City Council hereby grants to the Applicants a
conditional use permit and variance to build on a substandard lot, a front yard setback variance,
and a variance for impervious surface.
3. The City 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 24th day of
October 2016.
ATTEST:
Jex Panchyshyn, City her-0'—
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