21-151 Approving a Variance to Front Setback and to Allow a 2nd Driveway for Property Located at 4990 Shady Island PointRESOLUTION 2021-151
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A VARIANCE TO FRONT SETBACK
AND TO ALLOW A 2ND DRIVEWAY FOR PROPERTY
LOCATED AT 4990 SHADY ISLAND POINT
WHEREAS, Zehnder Homes, INC., (the "Applicant") proposes variances to build a new home
on property legally described as:
Lot 29 excepting the southeasterly 31 feet thereof, front and rear, and all of Lot 40,
except and reserving an easement for ingress and egress over the northly 10 feet of said
Lot, Shady Island Addition, Hennepin County, Minnesota
WHEREAS, the Applicant has applied variances that would allow the new home to be 25 feet
from the front property line where 35 feet is required and proposes two driveway connections to
Shady Island Point where one is permitted; 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
December 13, 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 C/S zoning district, which requires all buildings
to be set back 35 feet from the front property line and allows only one driveway for each 120
feet of lot frontage.
2. The existing home was constructed in 1960, prior to the adoption of modern zoning
regulations and is currently 5.5 feet from the front property line.
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 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 September 28, 2021 and November 1, 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 25 feet from the front property line where
35 feet is typically required and to have a 2"d driveway connection to Shady Island Point where
one is typically allowed, in accordance with the plans and materials submitted on September 28,
2021 and November 1, 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 desire to save a mature overstory tree on the property and
would allow construction of the home farther from the floodplain and further above evidence of
ground water 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 as the new home would be farther from the
street that the existing home and the additional driveway would allow for more off-street parking
in an area that does not permit on -street parking.
C. Approval of the variance shall be subject to the following conditions:
1. Prior to beginning any construction at the property, the applicant shall acquire all
applicable permits prior to construction.
2. The applicant shall be responsible to repair any damage to the existing roadway to
its preexisting condition.
3. The applicant shall remove the home and all the accessory structures on the
property except the shed near the shoreline prior to issuance of a building permit on
the property.
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 13th day of December, 2021.
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Jeroifer abadie, Mayor
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Sandie Thone, City Clerk