18-0451 1' ` 11'1
1 1 1 I'
A RESOLUTION GRANTING A SETBACK VARIANCE
TO A SIDE LOT LINE ABUTTING MARSH POINTE DRIVE FOR PROPERTY
LOCATED AT 5550 MARSH POINTE DRIVE IN THE R -IA ZONING DISTRICT
WHEREAS, Tea2 Architects (Applicant) on behalf of property owners Jodie and Paul
Siegle, has applied for a variance to allow a home to be constructed 45 feet from the property
line along Marsh Pointe Drive where 50 feet is required for property located in the R -lA zoning
district at 5550 Marsh Pointe Drive (Subject Property), legally described as:
That part of the southeast quarter of the northwest quarter of Section 32, Township 117
north, Range 23 west of the 5th Principal Meridian, described as follows:
Beginning at a point in the south line of southeast quarter of the northwest quarter of
Section 32, 29 rods east of the southwest corner of the southeast quarter of the northwest
quarter of said Section 32, thence north a distance of 20 rods, thence east a distance of 8
rods; thence south a distance of 20 rods to the south line of said southeast quarter of
northwest quarter; thence west a distance of 8 rods to point of beginning. Hennepin
County, MN. And,
WHEREAS, Applicant's request was reviewed by staff and their recommendations were
duly set forth in memoranda to the Planning Commission, Mayor and City Council, dated April
3, 2018, on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at its regular meeting on April 17, 2018, the minutes of
which meeting are on file at City Hall, and recommended denial of the application; and
WHEREAS, Applicant's request for a variance was considered by the City Council at its
regular meeting on April 23, 2018, at which time the staff s memoranda and the minutes of the
Planning Commission meeting were reviewed and comments were heard by the Council from the
City staff, nearby residents and the applicant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
01 Ion 11 1i
The Subject Property is located in the R -IA (Single Family) zoning district.
2. The Subject Property contains approximately 40,392 square feet (.93 acres) of
land area and is 132 feet wide measured at the front setback from Smithtown Road.
3. Section 1201.05 of the zoning regulations provides that the purpose of a variance
provides a process to allow deviations from the strict provision of the zoning regulations.
4. Section 1201.05 of the zoning regulations provides that in making the above
determination, the City may consider the circumstances unique to the property not created by the
landowner.
5. The applicant's proposal is identified on the application materials and plans
submitted to the City on February 21 and March 12, 2018.
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
setback of 45 feet where 50 feet is required to build a garage addition as shown on the plans
submitted on February 21 and March 12, 2018.
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 14th day of
May, 2018.
SC WT ZE B , M YOR
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