21-126 Appproving Variances to Allow a Concrete Pad to be Installed for Property Located at 5655 Merry LaneRESOLUTION 2021-126
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING VARIANCES TO ALLOW A CONCRETE PAD TO BE
INSTALLED FOR PROPERTY LOCATED AT 5655 MERRY LANE
WHEREAS, the City of Shorewood, (the "Applicant") proposes encroachments beyond the
current footprint of the improvements on property legally described as:
That part of Lot 2 Auditor's Subdivision Number 246 and lot 146 of Auditors Subdivision
Number 120 described as follows:
Beginning at the southwesterly corner of said Lot 2, thence northerly along the westerly
line thereof 120 feet, thence easterly parallel with the southerly line thereof 90 feet,
thence southerly 45 degrees 13 minutes easterly to the shore of Christmas Lake, thence
southerly along said shore to its intersect with a line described as commencing at the
northeast corner of Section 35, thence south along the east line thereof 103 feet to point
of beginning of line to be described, thence deflected right 37 degrees 15 minutes 48
seconds distance 2224.14 feet and there terminating, thence southwesterly along the
last described line to a point of termination, thence deflected right 88 degrees distance
75 feet thence northwesterly to the point of beginning.
WHEREAS, the Applicant has applied for a variance to allow a concrete pad to be installed 40
feet from the ordinary high water level (OHWL) of Christmas Lake where 75 feet is required and
a variance to allow 64.8 percent impervious surface coverage where the maximum allowed is 25
percent; and
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the October 5, 2021 Planning Commission meeting, a copy of
which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on October 5, 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
October 25, 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 along the shore of Christmas Lake where the zoning
regulations require all structures to be set back 75 feet from the OHWL of any recreational
development Lake, like Christmas Lake.
2. The boat landing was constructed on this site to increase public access to the lake.
3. To protect the quality of the lake, decontamination is required for all boats that access
the lake.
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 included
with the materials for the October 25, 2021 meeting.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to install a concrete pad and related improvements 40 feet
from the OHWL setback.
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 need to provide public access to the lake and protect the lake
from aquatic invasive species. The concrete pad is a reasonable request and would free up an
additional parking space for another vehicle/trailer. Additionally, that the improvements
proposed would not inappropriately impact the area, public welfare or other lands/improvements
in the area.
C. The variance has been approved with the condition that the applicant acquire all
necessary permits prior to construction.
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.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
this 25th day of October, 2021.
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Jen er LalVadi6, Mayor
Attest:
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Sandie Thone, City Clerk