17-106CITY OF SHOREWOOD
RESOLUTION NO. 17 -106
A RESOLUTION GRANTING A SETBACK VARIANCE
FOR WILLIAM AND MELANIE KEEGAN FOR
PROPERTY LOCATED AT 25830 BIRCH BLUFF ROAD
WHEREAS, William and Melanie Keegan (Applicants) are the owners of real property
located at 25830 Birch Bluff Road, legally described as:
The west 22 feet of Lot 11 and that part of Lot 12 lying east of a line parallel with and 94
feet east as measured at right angles from the west line of Lot 13, Birch Bluff Upper
Minnetonka, Hennepin County, Minnesota; and,
WHEREAS, the Applicants have an existing single - family dwelling, which dwelling is
located 10 feet from the both the east and west side property lines; and,
WHEREAS, the zoning regulations do not permit air conditioning equipment within 10
feet of the property line in any zoning district; and,
WHEREAS, the Applicants have applied for a setback variance to install an air
conditioner in the side -yard setback near where their neighbors located their equipment; and,
WHEREAS, the Applicants' request was reviewed by the Planning Director, whose
recommendations are included in a memorandum for the November 7, 2017 meeting, 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 November 7, 2017, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on
November 27, 2017, at which time the Planning Director'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:
I N 1►`1"171►mal s' It111'y
1. The subject property is located in an R -1C /S district, Single- Family
Residential /Shoreland zoning district, which requires a minimum 10 -foot setback from the side
lot line with a total required setback of 30 feet and the property owner received a variance to
allow construction up to 10 feet from both side lot lines.
2. The existing home on the property is nearing construction and the home was sited
at 10 feet from each side property line.
3. The Applicants propose to install their air conditioner at six feet from the west
side property line where 10 feet is the minimum required by the zoning regulations.
CONCLUSIONS
A. The Applicants have satisfied the criteria for granting a variance under the
Shorewood City Code and established a practical difficulty as defined by Minnesota Statutes.
B. Based upon the foregoing, the City Council hereby grants to the Applicants a
setback variance to install an air conditioner at six feet from the west side -yard property line
where the zoning regulations require ten, subject to the applicant receiving any applicable
building permits.
C. 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 27th day of
November, 2017.
SCO ERB , Y R
ATTEST:
SANDIE THONE, CITY CLERK
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