21-110 Approving a Variance for Side and Rear Yard Setbacks for an Accessory Structure at Property Located at 27460 Maple Ridge LaneRESOLUTION1
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A RESOLUTION APPROVING A VARIANCE FOR SIDE AND REAR YARD
SETBACKS FOR AN ACCESSORY STRUCTURE AT PROPERTY LOCATED AT
27460 MAPLE RIDGE LANE
WHEREAS, Wayne Hartmann, (the "Applicant") proposes a variance to the side and rear yard
setbacks for a detached accessory structure on property legally described as:
Lot 7, Block 3, Virginia Highlands Addition, Hennepin County, Minnesota.
WHEREAS, the Applicant has applied for a variance to allow a detached accessory structure to
4 feet from the side property line where 10 feet is required and 16 feet from the rear 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 September 7, 2021 Planning Commission meeting, a copy
of which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on September 7, 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
September 27, 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 10 feet from the side yard and 50 feet from the rear yard.
2. 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.
3. 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.
4. The Applicant's proposal is identified on the application materials and plans submitted
on July 29 and August 16, 2021.
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request for an accessory structure to be 4 feet from the side property
line and 16 feet from the rear property line, based on the plans and materials submitted July 29
and August 16, 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 lot configuration 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 shall acquire all necessary permits for construction.
2) The Applicant enter into an encroachment agreement with the City due to the.
3) Prior to the issuance of permits, the Applicant submit plans that address the drainage
on the parcel with the recommendations of the City Engineer in the memo dated
September 22, 2021 including:
i. Applicant shall direct any water from the east side of the shed and driveway to
the west, so that it does not pass to the east of the shed and directly north.
ii. The Applicant shall submit updated plans for their project to reflect their project
including existing and proposed impervious surface coverage.
iii. The Applicant shall complete the driveway, site, and building improvements
needed to comply with the City Engineer's memo dated September 22, 2021
and have them inspected prior to final inspection for the shed.
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 27th day of September, 2021.
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Sandie Thone, City Clerk