21-069 Approving a Variance to the Front Yard Setback for Property Located at 4530 Enchanted PointRESOLUTION 21-069
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A VARIANCE TO THE FRONT YARD SETBACK FOR
PROPERTY LOCATED AT 4530 ENCHANTED POINT
WHEREAS, Justin Robinette, (the "Applicant") proposes encroachments beyond the current
footprint of the home on property legally described as:
That part of Lots 1, 2, 3, Block 3, Enchanted Park, Lake Minnetonka, Minn., and that part
of Lot 17, Auditor's Subdivision No. 354, lying Westerly of the following described line:
Commencing at the most Southerly corner of said Lot 2; thence Southerly along the
Easterly line of said Lot 1 to the most Southerly corner thereof, said corner being the
actual point of beginning of the line to be described; thence Northerly deflecting to the
right at an angle of 163 degrees 27 minutes a distance of 163.6 feet; thence
Northeasterly deflecting to the right 42 degrees 17 minutes a distance of 69.74 feet;
thence Northerly deflecting to the left 20 degrees 58 minutes a distance of 66.45 feet to
the Northwesterly line of Lot 15, Auditor's Subdivision Number 354, Hennepin County,
Minnesota; thence Northeasterly along the Northwesterly line of said Lot 15 to the most
Northerly corner thereof and there terminating; except that part of said Lot 3 described
as follows: Beginning at the most Northerly corner of said Lot 3; thence Southeasterly
along the Northeasterly line of said Lot, a distance of 73.32 feet; thence Northwesterly to
a point on the Westerly line of Lot 3, 13 feet South of the most Northerly corner thereof;
thence Northerly along the Westerly line of said Lot 3 a distance of 13 feet to the point of
beginning; and except that part of Lot 17, in Auditor's Subdivision Number 354,
Hennepin County, Minnesota, lying Northwesterly of the following described line:
Commencing at the most Northerly corner of Lot 3, Block 3, Enchanted Park, Lake
Minnetonka, Minn., thence Southeasterly along the Northerly line of Lot 3, a distance of
73.32 feet to the point of beginning of the line to be described; thence Northerly a
distance of 118.01 feet to a point on the Northeasterly line of Lot 13, Auditor's
Subdivision Number 354, Hennepin County, Minnesota, distant 37 1/2 feet Northwesterly
along said Northeasterly Lot line from the most Easterly corner of said Lot 13 and there
terminating, according to the recorded plat thereof on file and of record in the office of
the County Recorder, in and for Hennepin County, Minnesota.
WHEREAS, the Applicant has applied for a variance to allow an enclosed entry and porch
addition to be 22.5 feet from the front property line where 35 feet is required; and
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the June 1, 2021 Planning Commission meeting, a copy of
which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on June 1, 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
June 28, 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-1 C/S zoning district, which requires all buildings
to be set back 35 feet from the front property line.
2. The existing home was constructed in 1980, 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 29.1
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 April 19, 2021.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to construct an enclosed entry and porch addition to be 22.5
feet from the front yard setback, based on the plans and materials submitted April 19, 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 28th day of June, 2021.
Je fifer abadie, Mayor
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