17-065RESOLUTION NO. 17 -065
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCE TO
BUILD ON A SUBSTANDARD LOT, A VARIANCE TO SIDE -YARD SETBACK AND A
CONDITIONAL USE PERMIT FOR FILL IN EXCESS OF 100 CUBIC YARDS
WHEREAS, John and Stacia Lynch (Applicants) are the owners of real property located
at 25380 Birch Bluff Road, City of Shorewood, legally described as:
The east 60 feet of the west 160 feet of Lot 1, Grantville, Hennepin County, Minnesota;
and
WHEREAS, the Applicants have an existing single- family dwelling and detached garage
which are non - conforming to the required side -yard setbacks; and
WHEREAS, the Applicants propose to demolish the existing home and garage and build
a new home which would comply with all required setbacks except for the 30 -foot combined
side -yard setback required by the shoreland regulations; and
WHEREAS, the Applicants have requested a conditional use permit and variance to
build on a substandard lot and a side -yard setback variance to the requirements in the R -1 C/S
(single- family residential /shoreland) zoning district; and
WHEREAS, the Applicants' have requested a conditional use permit to allow fill in
excess of 100 cubic yards to allow the applicants to place 300 cubic yards of material on the site;
and
WHEREAS, after required notice a public hearing was held and the application reviewed
by the Planning Commission at a regular meeting held on June 6 and 20, 2017, the minutes of
which meetings are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on July
10, 2017, at which time the Planning Director's memorandum and the Planning Commission's
recommendations were reviewed and comments were heard by the City 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:
1. The subject property is located in an R -1C /S, Single - Family Residential/
Shoreland zoning district, which requires a total side yard setback of 30 feet with neither side less
than 10 feet and the applicant proposed a combined total of 24 feet.
2. The subject property is substandard in lot width, having only 60 feet of lot width
where 100 feet is required;
3. The Applicants propose to import 300 cubic yards of materials where more than
100 cubic yards requires a conditional use permit.
CONCLUSIONS
The Applicants' plans present improved 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. The Applicants' plans indicate the new home and improvements proposed would be
compatible with the neighborhood and would not tend to depreciate the area.
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 side yard setback variance, and a
conditional use permit for fill in excess of 100 cubic yards of material, based on the plans
submitted May 2, 2017 and June 7, 2017, subject to the following:
a. The applicant may not proceed with improvements prior to issuance of required permits.
b. Prior to issuance of permits, the applicant shall submit the following, consistent with city
requirements:
i. Final grading and utility information as specified by the City Engineer.
ii. A certified survey.
iii. A landscaping plan.
4. 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 10th day of
July, 2017.
ATTEST:
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