19-032March 26, 2019
•
5755 Country Club Road ® Shorewood, Minnesota 55331 ® 952- 960 -7900
® www.d.shorewood.mmus ® dtyhall @d.shorewood.mn.us
Hennepin County Recorder's Office
A -500 Government Center
300 South 6th Street
Minneapolis, MN 55487 -0055
In Re: Resolution Recording
Please find attached Resolution 19 -032 requiring recording in your office. Payment for the
resolution recording in the amount of $46.00 is included. If you should have any questions or
require anything additional, please do not hesitate to contact me.
Sandie Thone
City Clerk /Human Resources Director
City of Shorewood
sthone@ci.shorewood.mn.us
952.960.7911
Dated: March 26, 2019
OFFICIAL CERTIFICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF SHOREWOOD
1, Sandie Thone, duly appointed City Clerk of the City of Shorewood, Hennepin County,
Minnesota; do hereby certify that the foregoing official 19-032 ARESOLUTION APPROVING
VARIANCES FOR TIM AND SALLY BUTLER FOR PROPERTY LOCATED AT 6035
SPRUCE HILL COURT was approved and adopted by the Shorewood City Council on March
25, 2019. The attached Resolution 19-032 is a true and correct copy adopted by the Council of the
City of Shorewood and is so recorded in the minutes of a meeting held on the 25th day of March
2019.
Sandie Thone
City Clerk
SHOREWOOD CITY CLERK'S OFFICE
5755 COUNTRY CLUB ROAD
SHOREWOOD, MN 55331
CITY • SHOREWOOO.
COUNTY OF HENNEPI
STATE • MINNESOTe
I
WHEREAS, Tim and Sally Butler, (the "Applicant") are the owners of real property
located at 6035 Spruce Hill Court, legally described as:
Lot 6, Block 1, Spruce Hill, Hennepin County, Minnesota
WHEREAS, the Applicant has applied for a variance to allow a patio to be 14 feet and a
pool to be 20 feet to the rear property line; and
WHEREAS, the Applicant's request was reviewed by the planning staff, whose
recommendation is included in a memorandum for the November 20, 2018 meeting of
the Planning Commission, a copy of which is on file at City Hall; and
WHEREAS, the Planning Commission held public meetings on November 20, 2018 and
March 5, 2019 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
December 10, 2018 and January 14 and March 25, 2019, 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 and staff.
1. The subject property is located in the R-1A zoning district.
2. Residential patios and pools in the R-1A zoning district are required to be set
back 50 feet and 30 feet from the rear property line respectively.
3. 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.
4. 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.
applicant's 5. The proposal is identified on - application materials and • .,
submitted on September 28, 2018.
A. Based upon the foregoing, and the records referenced herein, the City Council
hereby approves the Applicant's request to install a pool at 20 feet and a patio at 14 feet
from the rear property line.
B. The City Council specifically finds that the applicant's request for the variances
demonstrates practical difficulty and conformance with the other variance criteria as
follows:
1) A pool is a reasonable use of residential property.
2) The lot is irregularly shaped which reduces opportunities for a conforming
pool and is located next to a property with a 70 -foot easement along the
shared property line which limits the ability of future homeowners to propose
structures or uses on the adjacent property.
3) The pool is unlikely to alter the essential character of the locality for the
existing neighbors.
4) The request would not alter the impact on the public welfare or impair
adjacent properties as they propose to mitigate any additional impervious
surface with rain gardens to provide rate control for storm water run -off.
5) The City Council further finds the request is the minimum action necessary to
alleviate the practical difficulty, subject to the following:
I. Prior to issuance of any permits, the applicant should submit the final
rain garden design indicating how the applicants propose to capture the
run -off from the increase in impervious surface coverage (shown as
2,264 square feet); provide volume calculations; and ensure that the
depth of the rain gardens does not exceed 1.2 feet for Type B soils, 0.8
feet for Type C soils, or .25 feet for Type D soils.
11. At the footings inspections, the applicants shall expose their lots corner
monuments, stake and string the property line for verification that the
construction would be consistent with any approved variance.
111. The applicant reduce the patio on the north side of the pool to the
minimum size apron allowed by code (36 inches) to reduce the variance
request.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
this 25th day • March, 2019.
erby, a or
S ile Thone, City Clerk
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WHEREAS, Tim and Sally Butler, (the "Applicant ") are the owners of real property
located at 6035 Spruce Hill Court, legally described as:
Lot 6, Block 1, Spruce Hill, Hennepin County, Minnesota
WHEREAS, the Applicant has applied for a variance to allow a patio to be 14 feet and a
pool to be 20 feet to the rear property line; and
WHEREAS, the Applicant's request was reviewed by the planning staff, whose
recommendation is included in a memorandum for the November 20, 2018 meeting of
the Planning Commission, a copy of which is on file at City Hall; and
WHEREAS, the Planning Commission held public meetings on November 20, 2018 and
March 5, 2019 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
December 10, 2018 and January 14 and March 25, 2019, 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 and staff.
• •' = • • • •
Lei • ••t
la
1. The subject property is located in the R -1A zoning district.
2. Residential patios and pools in the R -1A zoning district are required to be set
back 50 feet and 30 feet from the rear property line respectively.
Section 3. 1 1 of - zoning regulations • *- purpose •
is to allow a process to deviate from the strict provision of the zoning regulations.
4. 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.
5. The applicant's proposal is identified on the application materials and plans
submitted on September 28, 2018.
[K61JLOMI69[MP69
A. Based upon the foregoing, and the records referenced herein, the City Council
hereby approves the Applicant's request to install a pool at 20 feet and a patio at 14 feet
from the rear property line.
B. The City Council specifically finds that the applicant's request for the variances
demonstrates practical difficulty and conformance with the other variance criteria as
follows:
1) A pool is a reasonable use of residential property.
2) The lot is irregularly shaped which reduces opportunities for a conforming
pool and is located next to a property with a 70 -foot easement along the
shared property line which limits the ability of future homeowners to propose
structures or uses on the adjacent property.
3) The pool is unlikely to alter the essential character of the locality for the
existing neighbors.
4) The request would not alter the impact on the public welfare or impair
adjacent properties as they propose to mitigate any additional impervious
surface with rain gardens to provide rate control for storm water run -off.
5) The City Council further finds the request is the minimum action necessary to
alleviate the practical difficulty, subject to the following:
Prior to issuance of any permits, the applicant should submit the final
rain garden design indicating how the applicants propose to capture the
run -off from the increase in impervious surface coverage (shown as
2,264 square feet); provide volume calculations; and ensure that the
depth of the rain gardens does not exceed 1.2 feet for Type B soils, 0.8
feet for Type C soils, or .25 feet for Type D soils.
At the footings inspections, the applicants shall expose their lots corner
monuments, stake and string the property line for verification that the
construction would be consistent with any approved variance.
111. The applicant reduce the patio on the north side of the pool to the
minimum size apron allowed by code (36 inches) to reduce the variance
request.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
this 25th day • March, 2019.
ScPA'Zer6y, Ia Ior
S�Wndie-Thone, City Clerk