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17-107i i i ! ! A RESOLUTION GRANTING A SETBACK VARIANCE TO CHANNING AND JESSICA SCOTT ON PROPERTY LOCATED AT 5915 GALPIN LAKE ROAD WHEREAS, Channing and Jessica Scott (Applicants) are the owners of real property located at 5915 Galpin Lake Road, legally described as: Lot 1, Block 1 Weyker Addition, Hennepin County, Minnesota, subject to easement of record; And, WHEREAS, the Applicants have an existing single- family dwelling with a garage that is currently located 25.1 feet from the front property line where 35 feet is required in the R -1 C/S zoning district; and WHEREAS, the Applicants have applied for a setback variance to construct a second - story above the home and garage and said addition would increase the nonconformity as prohibited by the zoning regulations; and WHEREAS, the Applicants' request was reviewed by the City Planner, whose recommendations are included in a memorandum for the November 7, 2017 meeting of the Planning Commission, 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 the November 7, 2017 meeting, 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 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 -1C /S zoning district, which requires a 35- foot setback from the front lot line. 2. The existing attached garage on the property is nonconforming, being located 25 feet from the front property line, where 35 feet is required. 3. The Applicants propose to expand the home by adding a second story addition over both the home and garage and the additional space above the garage would provide a parents suite. 4. Section 1201.03 Subd. 1. i. of the zoning regulations contain provisions that address nonconforming structures and specifically prohibit expansions of non - conforming structures where the nonconformity would be increased without a variance. CONCLUSIONS A. The Applicants have satisfied the criteria for the grant of a variance under the Shorewood City Code and has established practical difficulty as defined by Minnesota Statutes. B. Based upon the foregoing, the City Council hereby grants to the Applicants a 9.9- foot setback variance to build a second story addition, subject to the applicant obtaining all necessary permits prior to construction of the home. 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 ZER Y, AY R ATTEST: 4 -2- November 30, 2017 C� MI ILL t' 1 5755 Country Club Road • Shorewood, Minnesota 55331 ® 952- 960 -7900 Fax: 952- 474 -0128 ® www.ci.shorewood.mmus ® eityha1J @ci.shorewood.mn.us Hennepin County Recorder's Office A -500 Government Center 300 South 61" Street Minneapolis, MN 55487 -0055 In Re: Resolution Recording Please find attached Resolutions 17 -104, 17 -106, and 17 -107 requiring recording in your office. Payment for both resolutions in the amount of $138.00 ($46.00 each) is included. If you should have any questions or require anything additional, please do not hesitate to contact me. Thank you, ( kA-L- Sandie Thone City Clerk City of Shorewood sthone @ci.shorewood.mn.us 952.960.7921 Dated: November 30, 2017 OFFICIAL CERTIFICATION STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF SHOREWOOD } I, Sandie Thone, duly appointed City Cleric of the City of Shorewood, Hennepin County, Minnesota; do hereby certify that the foregoing official 17 -107 RESOLUTION GRANTING A SETBACK VARIANCE TO CHANNING AND JESSICA SCOTT ON PROPERTY LOCATED AT 5915 GALPIN LAKE ROAD was approved and adopted by the Shorewood City Council on November 27, 2017. The attached Resolution 17 -107 is a true and correct copy adopted by the Council of the City of Shorewood and is so recorded in the minutes of a meeting held on the 27th day of November 2017.