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20-088 RESOLUTION 2020-088 CITY OF SHOREWOOD A RESOLUTION APPROVING A FRONT SETBACK VARIANCE FOR A DECK FOR PROPERTY LOCATED AT 5840 STRAWBERRY LANE WHEREAS, Elizabeth Witchger and Gerry Trainor, (the "Applicant") are the owners of real property, legally described as: That part of Lot 10, Auditors Subdivision No. 247, Hennepin County, Minnesota described as follows: Commencing at the northeast corner of said Lot 10; thence west along the north line of said Lot 10 a distance of 185.00 feet; thence south parallel with the east line of said Lot 10 a distance of 254.68 feet to the point of beginning; thence continue south parallel with said east line of Lot 10 a distance of 216.24 feet; thence east parallel with the north line of said Lot 10 a distance of 185.00 feet to the east line of said Lot 10; thence north along said east line a distance of 216.24 feet to a line drawn east, parallel with the north line of said Lot 10 from the point of beginning; thence west parallel with the north line of said Lot 10 a distance of 185.00 feet to the point of beginning. WHEREAS, the Applicant has applied for a variance to allow a deck addition to be 45.75 feet from the front property line where 50 feet is required; and WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation is included in a memorandum for the August 4, 2020 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS, the Planning Commission held a public meeting on August 4, 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 August 24, 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-1A zoning district, which requires all buildings to be set back 50 feet from the front property line. 2. The entry to the home is located 6.5 feet higher than the driveway. 3. Section 1201.03, subd. 3 of the zoning regulations would permit an at-grade terrace or patio to encroach 4.5 feet into the front setback without a variance, but not a deck, porch or portico. 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 June 9 and 11, 2020 and August 17, 2020. CONCLUSIONS A. Based upon the foregoing, and the records referenced herein, the City Council hereby approves the Applicant's request to construct a deck addition at 45.75 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 that the topography between the front entry and the driveway exhibit practical difficulties and is the minimum action necessary to alleviate the practical difficulty, subject to the applicant acquire all necessary permits prior to construction. C. The variance shall expire one year after approval unless the applicant has completed the deck 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 24th day of August, 2020. S erby, r eid(j77JUttL Sandie Thone, City Clerk