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18-103A RESOLUTION GRANTING VARIANCES FOR PROPERTY LOCATED AT 21055 FOREST DRIVE WHEREAS, Cary Deacon and Susan Deacon, a married couple, (the "Applicant ") are the owners of real property located at 21055 Forest Drive, legally described as: Lot 1, Block 1, MINNETONKA MANOR, Hennepin County, Minnesota; and, WHEREAS, the Applicant has a lot with 6,927 square feet of area and a lot width of 54 feet in the R -ID /S zoning district; and WHEREAS, the Applicant has applied for a variance to lot area and width to redevelop the lot; and WHEREAS, the Applicant desires to construct a new home on the property and requests setback variances to allow the home to be closer to the east and south property lines that would be permitted by the R -1 D/S zoning district WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation is included in a memorandum for the September 18, 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 September 18, 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 October 9, 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 an R -1D /S zoning district, which requires 10,000 square feet of area per lot and 75 feet of width. 2. The subject property was created in 1920, prior to modern zoning requirements. 3. The existing home and garage on the property are nonconforming, being located less than 30 feet from the front property line and side lot line abutting a public street as required in the R -1D /S district. 4. The Applicants propose to remove the existing home single -stall garage and build a new home with an attached garage instead. 5. The new home would require variances to setbacks from the Woodend Place right -of -way and the rear property line. 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 redevelop a substandard lot of record as shown on the plans submitted August 3 and 20, 2018, and as follows: 1. A variance to the lot area to allow 6,927 square feet where 10,000 square feet is required. 2. A variance to the lot width to allow 54 feet where 75 feet is required. 3. A setback variance to the Woodend Place right -of -way to allow the home to be 14 feet and the entry to be 10 feet where 30 feet is required. 4. A setback variance to the rear property line to allow the home to be 22.8 feet where 35 feet is required. C. The approval of the variances is subject to the following conditions: 1. The applicant must acquire all necessary permits and no construction activity may occur until the permits are issued. 2. With their building permit applications, the applicant shall submit a tree preservation plan consistent with City policy and submit the design of their rain garden. D. 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 9th day of October, 2018. SCOT RB ,MAYOR ATTEST: Vm I Irl I Ill. , mill,