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19-079CITY OF SHOREWOOD RESOLUTION NO. 19 -079 A RESOLUTION GRANTING VARIANCES FOR PROPERTY LOCATED AT 27120 EDGEWOOD ROAD WHEREAS, Michael and Jane Schlangen, (the "Applicant ") has requested review of variances for the property located at 27120 Edgewood Road, legally described as: All that part of Block 3, "Sampson's Upper Lake Park Addition" described as follows: Commencing at the southeast corner of said Block 3; thence along the easterly line thereof, a distance of 265.9 feet to an Iron Monument; thence turning to the left on an Angle 77 degrees 40 minutes a distance of 30 feet to an Iron Monument, the point of beginning of the land to be described; thence on an extension of the last described line 30 feet along the shore to an Iron Monument; thence Southerly 279.2 feet to an Iron Monument on the south line of said Block 3 distant 97 feet west of the southeast corner thereof; thence easterly along said Block line 50 feet to an Iron Monument; thence northerly to a point of beginning; also all the land lying between the extension of the sidelines of said property to the shore of Lake Minnetonka, according to the recorded plat on file or of record in the office of the Counter Recorder (formerly register of Deeds) in and for Hennepin County, Minnesota.; and, WHEREAS, the Applicant has a lot area of 11,511 square feet and a lot width of 50 feet in the R -lA /S zoning district; and WHEREAS, the Applicant has applied for a variance to lot area and width to redevelop the lot; and WHEREAS, the Applicant desires to construct a new home on the property and requests setback variances to allow the home to be closer to the east and west property lines than would be permitted by the R -IA /S zoning district WHEREAS, the Planning Commission held a public meeting on August 6, 2019 to review the application, the minutes of which meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on August 26, 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, 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 /S zoning district, which requires 40,000 square feet of area per lot and 120 feet of width. 2. The subject property was created in 1881, prior to modern zoning requirements. 3. The existing home and garage on the property are nonconforming, being located less than 50 feet from the front property line and has less than a 10 -foot minimum setback and 30 -foot combined side setback as required in the R -lA /S district. 4. The Applicant proposes to remove the existing home and detached garage and build a new home with an attached garage instead. The new home would require variances to setbacks from the side property lines. 6. The applicant proposes a sidewalk and mechanical equipment within one foot of the side property line where a setback of 10 feet is also required. CONCLUSIONS A. The Applicant has satisfied the criteria for the grant of a variance under the Shorewood City Code and has established practical difficulty as defined by Minnesota Statutes. B. Based upon the foregoing, the City Council hereby grants the Applicant variances to redevelop a substandard lot of record as shown on the plans and materials submitted July 19 and 29, and August 1, 2019, and as follows: 1. A variance to the lot area to allow 11,511 square feet where 40,000 square feet is required. 2. A variance to the lot width to allow 50 feet where 120 feet is required. 3. A variance to the west side property line of five feet for the home and deck (with overhangs as shown on the plans) and one foot for the mechanical equipment where a minimum of 10 feet is required. 4. A setback variance to the east side property line to allow the home and deck to be a distance of three feet, three inches and a 10 -inch setback for a sidewalk where 10 feet is required. 5. A combined side -yard setback for the home and deck a minimum of eight feet, three inches where 30 feet is required. C. The approval of the variances is subject to the following conditions: 1. The applicant must acquire all necessary permits and no construction activity may occur until the permits are issued. 2. With their building permit applications, the applicant shall submit the following: 4 a. A certified survey showing all easements; any necessary grading; and the new home with a conforming lowest floor elevation, dimensions to all structures to property lines, the ordinary high water level of Lake Minnetonka and final impervious surface calculations. b. A landscaping plan that indicates the species, size and location of all proposed trees. c. A construction management plan that addresses parking of contractor /subs, delivery of goods, street cleaning, any conflicts with the proximity of the construction to the property line, etc. d. Revised grading information that indicates either sheet flow of storm water east -west across the driveway /property or includes the following information: i. The size and material of each culvert (box culverts are not recommended). ii. The drainage area to each culvert and provide justification for sizing. iii. The grading that would be required to fit culverts under the driveway as shown on the plan. D. 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 26th day of August, 2019. ATTEST: . l SANDIE THONE, CITY CLERK