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12-045CITY OF SHOREWOOD RESOLUTION NO. 12 -045 A RESOLUTION APPROVING A SETBACK VARIANCE FOR MARK AND AMY WAGNER WHEREAS, Mark and Amy Wagner (Applicants) own property at 27785 Island View Road in the City of Shorewood, legally described as: "Lot 14, Auditor's Subdivision No. 367, Hennepin County, Minnesota "; and WHEREAS, the Applicants propose to convert their existing garage into living space and then add on a new attached garage to the front of their home; and WHEREAS, the Applicants have applied for a setback variance which would allow them to build closer to the street than what is required for the R -lA /S zoning district in which their property is located; and WHEREAS, the Applicants' request was reviewed by the City Planner, whose recommendations are included in a memorandum, dated 30 May 2012, a copy of which is on file at the Shorewood City Hall; and WHEREAS, after required notice a public hearing was held and the application reviewed by the Planning Commission at a regular meeting held on 5 June 2012, the minutes of which meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on 25 June 2012, at which time the Planner's memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the Council from the Applicant and from the City staff; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The subject property contains 21,659 square feet of land and is located in an R -lA /S, Single - Family Residential /Shoreland zoning district. 2. The Applicants propose to build their new garage approximately 36.5 feet from the front property line, whereas the R -lA /S zoning district requires a 50 -foot setback. 3. The street serving the subject property (Island View Road) is a private road situated on a strip of land, 33 feet wide with a 40 -foot radius half cul -de -sac in front of the Applicants' property. 3. Although a half circle cul -de -sac was originally platted on Island View Road, a paved turn- around was never constructed on the street; 5. The topography on the north side of the cul -de -sac is not well suited for the construction of a paved turn- around in that location. -1- 6. Land at the west end of Island View Road may have the potential of being subdivided in the future, in which case a turn- around could be required to be constructed at that time. 7. But for the undeveloped half circle cul -de -sac, the Applicants' new garage would be located 50 feet from the front property line. CONCLUSIONS A. The Applicants have satisfied the criteria for the grant of a variance under the Shorewood City Code and have established practical difficulties as defined by Minnesota Statutes. B. Based upon the foregoing, the City Council hereby grants a 13.5 -foot setback variance to the Applicants. C. The Applicants shall record this resolution with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. D. The City Clerk will furnish the Applicants with a certified copy of this resolution for recording purposes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of June 2012. ATTEST: Brown, Interim City Administrator /Clerk Acting Mayor -2-