21-009 Approving a Variance to the Ordinary High Water Level of Lake Minnetonka for Property Located at 454 Lafayette AveRESOLUTION 2021-009
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A VARIANCE TO THE ORDINARY HIGH WATER
LEVEL OF LAKE MINNETONKA FOR PROPERTY LOCATED AT 454 LAFAYETTE
AVENUE
WHEREAS, Christian Dean Architecture, (the "Applicant") propose encroachments beyond the
current footprint of the home on property legally described as:
Lot 22, Auditor's Subdivision No. 313, Hennepin County, Minnesota
WHEREAS, the Applicant has applied for a variance to allow a 2nd floor deck addition to be 28.6
feet and an at -grade patio to be 44.7 feet from the ordinary high water level (OHWL) of Lake
Minnetonka 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 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 subject property is located in the R-1A/S zoning district, which requires all buildings
to be set back 50 feet from the OHWL of Lake Minnetonka.
2. The existing home was constructed in 1955, prior to modern zoning regulations and prior
to the adoption of shoreland district regulations.
3. The existing home is considered legally non -conforming and much of the existing home
is currently closer than 50 feet to the ordinary high water elevation of Lake Minnetonka.
4. 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.
5. 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.
6. The Applicant's proposal is identified on the application materials and plans submitted
on November 23 and December 4, 2020 and January 6, 2021.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to construct a 2"d floor deck addition 2"1 floor deck addition to
be 28.6 feet and an at -grade patio to be 44.7 feet from the OHWL of Lake Minnetonka, based
on the plans and materials submitted on November 23 and December 4, 2020 and January 6,
2021.
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 difficulties based on the original construction date of the home and would be the
minimum request to alleviate the practical difficulties. Additionally, that the improvements
proposed would not inappropriately impact the area, public welfare or other lands/improvements
in the area.
C. The variance approval shall be subject to the following conditions:
1. Prior to beginning any construction at the property, the applicant shall acquire all
necessary permits prior to construction.
2. Submit copies of any permits required/issued from the Minnehaha Creek Watershed
district for the addition, patio and/or changes to the site.
3. Submit information documenting the permeable driveway materials proposed
conform to City Code.
D. The variance shall expire one year after approval unless the applicant has completed
the project or an extension has been requested in accordance with Section 1201.05 Subd. 3 of
City Code.
E. 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 25th day of January, 2021.
Je nifer Labadie, Mayor
Ian
est:die LThorne, City Clerk