21-008 Denying a Request for a Variance to Side Yard Setback for Property Located at 5730 Club LaneRESOLUTION NO. 21-008
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION DENYING A REQUEST FOR A VARIANCE TO SIDE YARD
SETBACK FOR PROPERTY LOCATED AT 5730 CLUB LANE
WHEREAS, Roger and Roberta Aronson, (the "Applicant") are the owners of the property
legally described as:
That part of the east 235.09 feet of Lot 39, Auditor's Subdivision Number 133,
lying north of a line parallel with and 259.15 feet north of the south line of said Lot
39, Hennepin County, Minnesota, (the "Property").
WHEREAS, the Applicant has applied for a variance to allow a fire pit and patio to be 20 feet
from the side property line that abuts a public street where 35 feet is required; and
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the January 5, 2021 Planning Commission meeting, a copy of
which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on January 5, 2021 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
January 25, 2021, 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 Property is located in the R-1 C zoning district, which requires improvements
such as patios to be set back 35 feet from any side property line that abuts a public
street.
2. 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.
3. 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.
4. Section 1201.05 of the zoning regulations provides that in making the above
determination, the City may consider if the variance is the minimum action needed to
alleviate the practical difficulties.
5. The Applicant's proposal is identified on the application materials and plans
submitted on November 22 and 23, 2020 and January 5, 2020.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council
hereby denies the application as there are no practical difficulties affecting the Property.
B. The City Council further concludes the Applicant has not established that there
are unique circumstances affecting the Property.
C. The City Council further concludes that because without a finding that there are
practical difficulties, the application is not the minimum action to alleviate the circumstance.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 25tn
day of January, 2021.
Attest:
UandieaTh�one, City Clerk
Jen Per La adie, Mayor
-2-