20-112 Approving a Shoreland Regulations for a Deck for Property Located at 5710 Ridge RoadRESOLUTION 2020-112
CITY OF SHOREWOOD
A RESOLUTION APPROVING A SHORELAND REGULATIONS FOR A DECK FOR
PROPERTY LOCATED AT 5710 RIDGE ROAD
WHEREAS, Richard and Ingrid Hoyt, (the "Applicant") are the owners of real property, legally
described as:
Lot 2, Block 1, Silver Ridge, Hennepin County, Minnesota
WHEREAS, the Applicant has applied for a variance to allow a deck addition to be 6 feet from
the Ordinary High Water Level (OHWL) where 75 feet is required; and
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
was included in a memorandum for the October 6, 2020 Planning Commission meeting, a copy
of which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on October 6, 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
October 26, 2020 and November 9, 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
The subject property is located in the R-1A/S zoning district.
2. Section 1201.26 Subd. 5 fo the zoning regulations requires all structures to be set back
75 feet from the OHWL of Christmas Lake.
3. The deck is a replacement for a deck previously granted a variance that was also six
feet from the OHWL in another location destroyed by a mudslide in 2014.
4. 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.
5. 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.
6. The Applicant's proposal is identified on the application materials and plans submitted
on July 27, 2020 and September 21, 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 at six feet to the OHWL of Christmas Lake
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 practical difficulty is that the previously approved location is no longer suitable as a
building site due to the 2014 mudslide and this creates the practical difficulties required to
approve a variance.
C. The City Council further finds that the variance request is the minimum action necessary
to alleviate the practical difficulty.
D. The City Council approves the variance subject to the following conditions:
1. The applicant must remove the accessory building near the shoreline prior to
issuance of permits.
2. The applicant must acquire all applicable building and zoning permits prior to any
construction.
3. With the permit application, the applicant shall provide the following:
a. A footings or foundation plan.
b. Documentation that the canopy is designed to withstand wind loading up to 115
miles per hour or remove the canopy from the plan.
c. Provide existing and proposed impervious surface calculations showing that the
property would be consistent with the 25 percent maximum impervious surface
coverage.
4. 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.
5. 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 9th day of November, 2020.
Scott Zerbiy, Mayor
est:ILL
andie Thone, City Clerk