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20-034RESOLUTION NO. 20 -034 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A VARIANCE TO FRONT SETBACK FOR PROPERTY LOCATED AT 23100 SUMMIT AVENUE WHEREAS, Clayton Tessness, (the "Applicant ") is the owner of real property located at 23100 Summit Avenue, legally described as: Lot 277, Auditor's Subdivision No. 135, Hennepin County, Minnesota; and, WHEREAS, the Applicant desires to construct a new home on the property; and WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation is included in a memorandum for the April 21, 2020 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 April 21, 2020 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 April 27, 2020, 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 the public; 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 the R -1C zoning district which requires a 35 foot front setback. 2. The subject property was created in 1924, prior to modern zoning requirements. 3. The subject property has 60 feet of topographic change from south to north, with the steepest grades on the north end of the lot. 4. The Applicant proposes to build a new home that would be closer to the front lot line than would otherwise be permitted. 5. The Applicant agrees to apply a conservation easement on the north end of the lot outside the grading limits of the current project. CONCLUSIONS A. The Applicants have satisfied the criteria for granting variances under the Shorewood City Code and has established practical difficulty as defined by Minnesota Statutes. Specifically, that the topographic change on the property is a unique situation and construction of the home at seven feet instead of the required 35 feet is the minimum action necessary to alleviate the practical difficulty. B. Based upon the foregoing, the City Council hereby grants to the Applicants a variance to front setback to allow the home to be constructed at seven feet instead of the required 35 feet as shown on the plans and materials submitted March 3 and 9, 2020. 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 plans consistent with City Code and the Engineer's memo dated March 11, 2020: a. A construction management plan with their building permit that addresses, at a minimum, contractor parking, deliveries, street cleaning, hours of constructions, and nuisance and erosion control. b. An erosion control plan. c. A tree inventory and landscaping plan completed by a forester, arborist or landscape architect consistent with the requirements of the tree preservation policy. d. A certified survey with the home and all improvements shown. e. A revised storm water management plan with drainage calculations. f. An executed, recorded conservation easement with monuments similar to the easements granted over the Summit Woods lots. D. Unless the applicant has completed or utilized the variance, the approval shall expire in one year. The applicant may petition for an extension prior to the expiration of the variance to extend the approval as allowed by Section 1201.05 Subd. 3 b. (7) of City Code. 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. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of April, 2020. ATTEST: 91A 11M SANDIE THONE, CITY CLERK - E4 ��V%Vfll Ew�� � 2 Dated: May 7, 2020 OFFICIAL CERTIFICATION STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF SHOREWOOD I, Sandie Thone, duly appointed City Clerk of the City of Shorewood, Hennepin County, Minnesota; do hereby certify that the foregoing official 20 -034 A RESOLUTION APPROVING A VARIANCE TO FRONT YARD SETBACK FOR PROPERTY LOCATED AT 23100 SUMMIT AVENUE was approved by the Shorewood City Council on April 27, 2020. The attached Resolution 20 -034 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 April 2020. Sandie Thone City Clerk DRAFTED BY: SHOREWOOD CITY CLERK'S OFFICE 5755 COUNTRY CLUB ROAD SHOREWOOD, MN 55331