21-080 Approving a Variance to the Side Yard Setback for Property Located at 23320 Park StreetRESOLUTION 2021-080
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A VARIANCE TO THE SIDE YARD SETBACK FOR
PROPERTY LOCATED AT 23320 PARK STREET
WHEREAS, Kimberly Poe, (the "Applicant") proposes encroachments beyond the current
nonconforming footprint of the home on property legally described as:
Lots 1 and 12, Block 2, Ball's Addition to Excelsior, according to the recorded plat
thereof, Hennepin County, Minnesota.
WHEREAS, the Applicant has applied for a variance to allow an addition to be 7.2 feet from the
side property line where 10 feet is required; and
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the July 6, 2021 Planning Commission meeting, a copy of
which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on July 6, 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
July 26, 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 D zoning district, which requires all buildings to
be set back 10 feet from the side property lines.
2. The existing home was constructed in 1924, prior to modern zoning regulations.
3. The existing home is considered legally non -conforming and is currently located as close
as six feet to the side property line.
4. Section 1201.03 Subd. 1, i. of the zoning regulations provides that a legal
nonconforming home may be expanded provided that the expansion does not increase the
nonconformity and complies with the height and setback requirements of the district in which it
is located.
5. 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.
6. 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.
7. The Applicant's proposal is identified on the application materials and plans submitted
on May 24, 2021, and June 4, 2021.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to construct an addition to be 7.2 feet from the side yard,
based on the plans and materials submitted May 24, 2021, and June 4, 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 26th day of July, 2021.
-Z
e ffer La adie, Mayor
A w°"
Sandie Thone, City Clerk