21-141 Approving a Variance to the Side Yard Setback for Property Located at 6180 Cathcart DriveRESOLUTION 2021-141
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A VARIANCE TO THE SIDE YARD SETBACK FOR
PROPERTY LOCATED AT 6180 CATHCART DRIVE
WHEREAS, Ben and Meghan Becker, (the "Applicant") propose to construct a new house on
property legally described as:
The east 121.16 feet of the west 476.69 feet of that part of Lot 2, "Minnewashta
Acres, Hennepin County, Minnesota" lying north of the south 13.00 feet thereof.
And
That part of Lot 2, "Minnewashta Acres, Hennepin County, Minnesota", lying east
of the West 476.69 feet thereof and north of the south 17.00 feet thereof.
WHEREAS, the Applicant has applied for a variance to allow that would be 20 feet wide where
the zoning regulations require 22 feet; and
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the November 16, 2021 Planning Commission meeting, a copy
of which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on November 16, 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
November 22, 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 zoning district.
2. Chapter 1201.03, Subd. 7. b. (2) (b) requires all homes to be 22 feet wide for a minimum of
30 feet in length.
3. 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.
4. 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.
5. The Applicant's proposal is identified on the application materials and plans submitted on
August 24 and 27, September 15, and October 7, 2021.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to construct a home to be 20 feet wide, based on the plans
and materials submitted August 24 and 27, September 15, and October 7, 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 unique construction of the home and would be the minimum
request to alleviate the practical difficulties. Additionally, 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 22nd day of November, 2021.
Je fifer badie, Mayor
Sandie Thone, City Clerk