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20-075 RESOLUTION 20-075 CITY OF SHOREWOOD A RESOLUTION APPROVING A FRONT SETBACK VARIANCE FOR A DETACHED GARAGE FOR PROPERTY LOCATED AT 20940 IVY LANE WHEREAS, Shilun D. Li and Tsuhua S. Chen, (the "Applicant") are the owners of real property, legally described as: Lot 8, Block 7, Minnetonka Manor, Hennepin County, Minnesota WHEREAS, the Applicant has applied for a variance to allow a garage addition to be 4.25 feet from the front property line where 30 feet is required; and WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation is included in a memorandum for the July 7, 2020 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS, the Planning Commission held a public meeting on July 7, 2020 to review the application, the minutes of the meetings are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on July 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, staff and public. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: FINDINGS OF FACT 1. The subject property is located in the R-1 D/S zoning district, which requires all buildings to be set back 30 feet from the front property line. 2. The subject garage was constructed prior to the requirement for a 30-foot setback. 3. Section 1201.05 of the zoning regulations provides that the purpose of a variance is to allow a process to deviate from the strict provision of the zoning regulations when there are practical difficulties and the action is the minimum to alleviate the practical difficulties. 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 and not created by the landowner. 5. The Applicant's proposal is identified on the application materials and plans submitted on March 9, 2020 and June 9, 2020. CONCLUSIONS A. Based upon the foregoing, and the records referenced herein, the City Council hereby approves the Applicant's request to construct a garage addition at 4.25 feet to the front property line. B. The City Council specifically finds that the Applicant's request for the variance is consistent with the variance criteria listed in the zoning ordinance as it specifically demonstrates practical difficulty and is the minimum action necessary to alleviate the practical difficulty, subject to the following conditions: 1) The applicant acquire all necessary permits prior to construction. 2) Prior to approval of the permits, the applicant shall: i. alter the design of the garage to have the same roof pitch as the home as well as similar siding materials and colors and identify them on the plans. ii. Reduce the impervious surface coverage to no greater than 25 percent and show the proposal for the driveway on the plans sumitted for building permit. iii. Remove the temporary accessory building on the site prior to the final inspection. C. The variance shall expire one year after approval unless the applicant has completed the garage or an extension has been requested in accordance with Section 1201.05 Subd. 3 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, MINNESOTA this 27th day of July, 2020. Sc 'f"Zeeby, ay•r fittest: ►I f � � Sandie Thone, City Clerk