21-030 Approving Variances to Side-Yard Setbacks for Property Located 25360 Birch Bluff Road• i 1 1
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WHEREAS, Cyclone Construction, (the "Applicant") proposes to tear down and rebuild a home
on property legally described as:
That part of Lot 1, Grantville, described as follows: Commencing at a point in the east
line of the west 100 feet of said Lot 1, distant 162.5 feet north of the south line of said
Lot 1; thence deflecting to the right at an angle of 65 degrees 35 minutes a distance of
66 feet, more or less, to the east line of the west 60 feet of said Lot 1; thence continuing
on last described line a distance of 100 feet to the point of beginning of the tract of land
to be hereinafter described; thence deflecting to the left at an angle of 85 degrees and
26 minutes to the shore of Lake Minnetonka; thence northeasterly along the shore of
said Lake to the east line of said Lot 1; thence south along the east line of said Lot to the
southeast corner thereof; thence west along the south line of said Lot to the intersection
with a line drawn southerly from the point of beginning and parallel with the west line of
said Lot; thence north along said parallel line to the point of beginning, according to the
plat thereof on file and of record in the office of the County Recorder, in and for
Hennepin County, Minnesota
WHEREAS, the Applicant has applied for variances to allow the home to be 1.2 feet from the
east property line where a minimum of 10 feet is permitted; a combined side -yard setback of
11.2 feet where 30 feet is required; and a setback of 31.4 feet from a side lot line abutting a
public street where 35 feet is required.
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the March 2, 2021 Planning Commission meeting, a copy of
which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on March 2, 2021 to review the
application, the minutes of the meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on
March 22, 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-1 C/S zoning district, which requires all buildings
to be set back, as follows: 1) a minimum of 10 feet from the side property line; 2) a combined
side -yard setback of 30 feet (east and west property line setbacks combined); and 3) a
minimum of 35 feet from a side property line abutting a public street.
2. The lot was created prior to modern subdivision regulations and prior to the adoption of
shoreland district regulations. The lot is narrower than required by the zoning regulations.
3. The existing home is considered legally non -conforming to the east property line as the
home sits 1.2 feet from the property line.
4. The existing detached garage/apartment is legally nonconforming due to the setback to
the east property line and because the apartment is a second dwelling on the property zoned R-
1 C (single family).
5. The existing shed is legally nonconforming due to the setbacks to the east property line
and to the ordinary high-water level of Lake Minnetonka.
6. The property is located adjacent to a 33-foot fire lane which will remain under public
jurisdiction indefinitely.
7. 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.
8. 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.
9. Section 1201.05 of the zoning regulations provides that in making the above
determination, the City may consider the impact to surrounding properties and to public
services.
10. The Applicant's proposal is identified on the application materials and plans submitted
on January 29, 2021 and March 2 and 15, 2021.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to construct a new home with the following variances based on
the plans and materials submitted on January 29, 2021 and March 2 and 15, 2021:
1. A setback of 1.2 feet from the east property line at the home's closest point where 10
feet is required;
2. A combined side -yard setback of 11.2 feet where 30 feet is required; and,
3. A setback of 31.4 feet from a side lot line abutting a public street where 35 feet is
required.
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 subdivision date of the property and the location next
to Fire Lane 1; and would be the minimum request to alleviate the practical difficulties as long as
the detached garage/apartment is removed from the property. 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. Prior to issuance of a building permit for the new home, the applicant shall remove
the existing home and detached garage/apartment.
3. Submit copies of any permits required/issued from the Minnehaha Creek Watershed
district for the changes to the site.
4. Prior to issuance of any building permit, the applicant shall submit a revised
landscaping plan showing three additional trees and a construction management
plan addressing parking for contractors/subs, delivery of goods, street cleaning,
hours of construction, trash management, etc.
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 22nd day of March, 2021.
Jen fifer Ilabadie, Mayor
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Sandie Thone, City Clerk