18-065CITY OF SHOREWOOD
RESOLUTION NO. 18 -065
A RESOLUTION APPROVING A VARIANCE
TO THE REQUIRED SETBACK FROM LAKE MINNETONKA
ON PROPERTY LOCATED AT 4495 ENCHANTED LANE
WHEREAS, Tschida Construction (Applicant), on behalf of the property owners, has
submitted a variance application for property located at 4495 Enchanted Lane, legally described
as:
All of Lot 12, and all that part of Lot 13 lying Northwesterly of a straight line, hereinafter called "Line A ",
drawn from a point in the Southwesterly line of said lot 13, which point is 37 '/2 feet Northwesterly along
said Southwesterly lot line from the most Southerly corner of said Lot 13 to a point in the Northeasterly
line of said Lot 13, which point is 37 '/2 feet Northwesterly along said Northeasterly lot line from the most
Easterly corner of said Lot 13, being in Auditor's Subdivision Number 354, Hennepin County, Minnesota.
AND
That part of Lot Seventeen (17) in Auditor's Subdivision Number 354, Hennepin County, Minnesota, lying
Northwesterly of the following described line: Commencing at the most Northerly corner of Lot Three (3),
Block Three (3), 'Enchanted Park" Lake Minnetonka, Minn., thence Southeasterly along the Northerly line
of Lot 3, a distance of 73.32 feet to the point of beginning of the line to be described; thence Northerly
118.01 feet to a point on the Northeasterly line of Lot 13, 37 '/2 on the Northeasterly line of Lot 13, 37 12
feet Northwesterly along said Northeasterly lot line from the Easterly corner of said Lot 13 and there
terminating.
AND
All that part of Lot Three (3), Block Three (3), 'Enchanted Park" Lake Minnetonka, Minn., described as
follows: Beginning at the most Northerly corner of said Lot 3; thence Southeasterly along the
Northeasterly line of said Lot, 73.32 feet; thence Northwesterly to a point on the Westerly line of Lot 3, 13
feet South of the most Northerly corner thereof; thence Northerly along the Westerly line of said Lot 3 a
distance of 13 feet to the point of beginning.
EXCEPT FOR THE FOLLOWING DESCRIBED PROPERTY: That part of Lot Thirteen (13) in
Auditor's Subdivision Number 354, Hennepin County, Minnesota, lying Northwesterly of a straight line
drawn from a point in the Southwesterly line of said Lot 13, which point is 37 'h feet Northwesterly along
said Southwesterly lot line from the most Southerly corner of said lot 13 to a point in the Northeasterly line
of said Lot 13, which point is 37 '/2 feet Northwesterly along said Northeasterly lot line from the most
Easterly corner of said Lot 13, and lying Southeasterly of the following described line: Commencing at the
most Northerly corner of Lot Three (3), Block Three (3), "Enchanted Park" Lake Minnetonka, Minn.,
thence Southeasterly along the Northerly line of Lot 3, a distance of 73.32 feet to the point of beginning of
the line to be described; thence Northerly 118.01 feet to a point on the Northeasterly line of Lot 13, 37 %2
feet Northwesterly along said Northeasterly lot line from the most Easterly comer of said Lot 13 and there
terminating.
WHEREAS, the Applicant has a lot of Lake Minnetonka and the City of Shorewood
City Code Section 1201.26 requires buildings and structures to be set back at least 50 feet from
the Ordinary High Water Level (OHWL); and
WHEREAS, the Applicant has applied for a variance to add a deck and screened porch
on the lake side of the home that would be setback 40.1 feet from the OHWL; and
WHEREAS, the Applicant's request was reviewed by the planning staff, whose
recommendation is included in a memorandum for the June 5, 2018 meeting of the Planning
Commission, a copy of which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on June 5, 2018 to review
the application, the minutes of which meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on
June 25, 2018, at which time the planning staff memorandum and the Planning Commission's
recommendations were reviewed and comments were heard by the City Council from the
Applicant and 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 a shoreland district, which requires a 50 foot
setback for all buildings and structures.
2. The existing home on the property is constructed close to the 50 -foot setback.
3. The property contains a manmade inlet which altered the OHWL and prevents
adding a deck, patio or screen porch to the home on much of the lake side of the home.
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 variance to
construct and deck/porch at 40.1 feet from the OHWL where 50 feet is required as shown on the
plans submitted April 26, 2018, subject to the following conditions:
Prior to issuance of the permit, the applicant shall remove the sheds and lean -to
adjacent to the garage from the property and request inspection to confirm their
removal.
2. With the exception of the above, no construction activity may occur until the
applicant /property owners acquire all required 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.
2
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of
June, 2018.