21-070 Approving a Variance to the Detached Accessory Structure Height Limitation for Property Located at 28110 Woodside RoadRESOLUTION 21-070
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A VARIANCE TO THE DETACHED ACCESSORY
STRUCTURE HEIGHT LIMITIATION FOR PROPERTY LOCATED AT 28110
WOODSIDE ROAD
WHEREAS, Kuhl Design Build, (the "Applicant") proposes a variance to the height of a
proposed detached accessory structure on property legally described as:
Tract C, REGISTERED LAND SURVEY NO. 757, Hennepin County, Minnesota.
WHEREAS, the Applicant has applied for a variance to allow a detached accessory structure to
be 20.7 feet tall and two stories, where 15 feet or one story is the maximum allowed height; 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-1A/S zoning district, which requires all detached
accessory structures to be 15 feet or one story tall.
2. Section 1201. Subd. 7 of the zoning regulations requires that all detached accessory
buildings in excess of 150 square feet in floor area that are accessory to residential dwelling
units shall be constructed with materials and a design compatible with the general character of
the principal structure on the lot.
3. The principal structure on the property is a house was constructed in 1910 and has a hip
roof design.
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 21, 2021.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to construct a detached accessory structure to be 20.7 feet tall
and two stories, based on the plans and materials submitted April 21, 2021, subject to the
conditions listed below.
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 matching the design of the detached accessory structure to the
design of the original construction 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 Applicant's request is approved subject to the following conditions:
1) The applicant acquire all building permits prior to beginning the project.
2) Prior to the issuance of permits, the Applicant shall submit revised plans showing a
design with a hip roof to be consistent with the design of the house.
D. 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.
E. 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 28t" day of June, 2021.
Jeofifer Labadie, Mayor
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