21-055 Approving a Variance to the Front Yard Setback for Property Located at 5565 Howard's Point RoadRESOLUTION 2021-055
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A VARIANCE TO THE FRONT YARD SETBACK FOR
PROPERTY LOCATED AT 5565 HOWARD'S POINT ROAD
WHEREAS, John Mark Graham, (the "Applicant") proposes encroachments beyond the current
footprint of the home on property legally described as:
Reg. Land Survey No. 0976, Hennepin County, Minnesota
WHEREAS, the Applicant has applied for a variance to allow a porch addition to be 43 feet and
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 May 4, 2021 Planning Commission meeting, a copy of
which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on May 4, 2021 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
May 24, 2021, 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/S zoning district, which requires all buildings
to be set back 50 feet from the front property line.
2. The existing home was constructed in 1954, prior to modern zoning regulations and prior
to the adoption of shoreland district regulations.
3. The existing home is considered legally non -conforming and is currently located at 28.7
feet to the front property line.
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 March 18, 2021, April 14, 20201 and April 15, 2021.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to construct a porch addition to be 43 feet from the front yard
setback, based on the plans and materials submitted March 18, 2021, April 14, 2021 and April
15, 2021.
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
practical difficulties based on the original construction date of the home and would be the
minimum request to alleviate the practical difficulties. Additionally, that the improvements
proposed would not inappropriately impact the area, public welfare or other lands/improvements
in the area.
C. The variance shall expire one year after approval unless the applicant has completed
the project 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 24t" day of May, 2021.
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J nife Labadie, Mayor
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:
Sandie Thone, City Clerk