21-010 Approving a Variance to the Ordinary High Water Level of Lake Minnetonka for Property Located at 4320 Dellwood LaneRESOLUTION 2021-010
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 4320 DELLWOOD LANE
WHEREAS, Lecy Brothers, (the "Applicant") propose to add wider stoops to replace the existing
stoops that encroachment into the setback from the required 50-foot setback to the ordinary
high water level (OHWL) of Lake Minnetonka on property legally described as:
Lots 1 and 2, Block 1, and an undivided 2/3 interest in and to, Outlot A, Albitz Addition,
Hennepin County, Minnesota
WHEREAS, the Applicant has applied for a variance to allow 4-6 foot deep, at -grade stoops to
be installed on a home that is non -conforming and is 38 feet at its closest point to the required
50-foot setback from the OHWL of Lake Minnetonka; 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-1C/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 1987, 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 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 December 4, 2020.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to construct 4-6 foot deep, stoops to be installed on a home
that is non -conforming and is 38 feet at its closest point to the required 50-foot setback from the
ordinary high water level (OHWL) of Lake Minnetonka, in accordance with the plans and
materials submitted on December 4, 2020.
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. Approval of the variance shall be subject to the following conditions:
1. Prior to beginning any construction at the property, the applicant shall acquire a
building permits prior to construction.
2. Prior to the issuance of the permit for the property, the applicant shall remove the
impervious surfaces proposed for removal and request an inspection to confirm.
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.
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Jerififer Labadie, Mayor
Attest:
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Sandie Thone, City Clerk