20-088 RESOLUTION 2020-088
CITY OF SHOREWOOD
A RESOLUTION APPROVING A FRONT SETBACK VARIANCE FOR A DECK FOR
PROPERTY LOCATED AT 5840 STRAWBERRY LANE
WHEREAS, Elizabeth Witchger and Gerry Trainor, (the "Applicant") are the owners of real
property, legally described as:
That part of Lot 10, Auditors Subdivision No. 247, Hennepin County, Minnesota
described as follows: Commencing at the northeast corner of said Lot 10; thence west
along the north line of said Lot 10 a distance of 185.00 feet; thence south parallel with
the east line of said Lot 10 a distance of 254.68 feet to the point of beginning; thence
continue south parallel with said east line of Lot 10 a distance of 216.24 feet; thence
east parallel with the north line of said Lot 10 a distance of 185.00 feet to the east line of
said Lot 10; thence north along said east line a distance of 216.24 feet to a line drawn
east, parallel with the north line of said Lot 10 from the point of beginning; thence west
parallel with the north line of said Lot 10 a distance of 185.00 feet to the point of
beginning.
WHEREAS, the Applicant has applied for a variance to allow a deck addition to be 45.75 feet
from the front property line where 50 feet is required; and
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the August 4, 2020 Planning Commission meeting, a copy of
which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on August 4, 2020 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
August 24, 2020, 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-1A zoning district, which requires all buildings to
be set back 50 feet from the front property line.
2. The entry to the home is located 6.5 feet higher than the driveway.
3. Section 1201.03, subd. 3 of the zoning regulations would permit an at-grade terrace or
patio to encroach 4.5 feet into the front setback without a variance, but not a deck, porch or
portico.
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 when there are
practical difficulties and the action is the minimum to alleviate the practical difficulties.
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 June 9 and 11, 2020 and August 17, 2020.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to construct a deck addition at 45.75 feet to the front property
line.
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
that the topography between the front entry and the driveway exhibit practical difficulties and is
the minimum action necessary to alleviate the practical difficulty, subject to the applicant acquire
all necessary permits prior to construction.
C. The variance shall expire one year after approval unless the applicant has completed
the deck or an extension has been requested in accordance with Section 1201.05 Subd. 3 of
City Code.
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, MINNESOTA
this 24th day of August, 2020.
S erby, r
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Sandie Thone, City Clerk