15-017CITY OF SHOREWOOD
RESOLUTION NO. 15 -017
A RESOLUTION GRANTING SETBACK VARIANCES
TO NICK BENDER
WHEREAS, Nick Bender (Applicant) is the owner of real property located at 5765
Eureka Road, City of Shorewood, legally described as:
"The North 125 feet of the South 350 feet of Lot 4, Eureka, Hennepin County,
Minnesota "; and
WHEREAS, the Applicant has an existing single - family dwelling and a small garage,
both of which are located too close to the rear property line; and
WHEREAS, the Applicant proposes to replace the existing, single -car garage with a new
two -car garage and relocate an existing nonconforming deck adjoining the house, both of which
necessitate setback variances; and
WHEREAS, the Applicant's request was reviewed by the City Planner, whose
recommendations are included in a memorandum; dated 29 January 2015, a copy of which is on
file at 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 3 February 2015, the minutes of which
meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on 23
February 2015, 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 is located in an R -lA, Single- Family Residential zoning
district, which requires a 50 -foot setback from the rear lot line and a 50 -foot setback from the
front lot line.
2. The subject property is substandard in lot area and lot depth, having only 12,020
square feet of area where 40,000 square feet is required and having only 96.6 feet where 150 feet
is required.
3. The Applicant proposes to construct a new detached garage on the north side of
the existing house, ten feet from the rear lot line, requiring a variance of forty feet.
4. The Applicant proposes to construct a new deck on the south side of the house,
16.8 feet from the rear lot line, requiring a variance of 33.2 feet.
5. The Applicant proposes to demolish the existing garage on the south side of the
home.
6. Due to the shallow depth of the lot, the front and rear setbacks render the lot
unbuildable without variances.
CONCLUSIONS
A. The Applicant has satisfied the criteria for the grant of a variance under the
Shorewood City Code and has established practical difficulties as defined by Minnesota Statutes.
B. Based upon the foregoing, the City Council hereby grants to the Applicant a
setback variance to build a detached garage 10 feet from the rear lot line and a new deck 16.8 feet
from the rear lot line.
C. 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 this 23rd day of
February 2015.
Scott y, ma€
ATTEST:
Jean Panchysyn, City Clerk
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