21-123 Approving Variances to Side-Yard Setbacks for Property Located at 26020 Birch Bluff Road RECORDEDi I
LAND Abstract (A)
DOC NUM 11058461
Certified, filed and/or recorded on
Dec 2021 1 30 w
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 147 Pkg ID 2378296E
Document Recording Fee 4&00
Docum€nt %tal $46,00
Dated: December 9, 2021
OFFICIAL CERTIFICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF SHOREWOOD
I, Sandie Thone, duly appointed City Clerk of the City of Shorewood, Hennepin County,
Minnesota; do hereby certify that the foregoing official RESOLUTION 21-123: APPROVING
VARIANCES TO SIDE -YARD SETBACKS FOR PROPERTLY LOCATED AT 26020
BIRCH BLUFF ROAD was approved by the Shorewood City Council on October 25, 2021.
The attached Resolution 21-123 is a true and correct copy adopted by the Council of the City of
Shorewood and is so recorded in the minutes of a meeting held on the 25th day of October 2021.
Sandie Thone
City Clerk
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SHOREWOOD CITY CLERK'S OFFICE
5755 COUNTRY CLUB ROAD
SHOREWOOD, MN 55331
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A RESOLUTION APPROVING VARIANCES TO SIDE -YARD SETBACKS FOR
PROPERTY LOCATED AT 26020 BIRCH BLUFF ROAD
WHEREAS, Gianfranco and Bonnie Cuneo, (the "Applicant") proposes to add an addition with
an attached garage to a home on property legally described as:
Lot 20, BIRCH BLUFF UPPER MINNETONKA, Hennepin County, Minnesota.
WHEREAS, the Applicant has applied for a variance to allow the home to be 10.3 feet from the
west property line where a minimum of 10 feet is permitted, with a combined side -yard setback
of 24.6 feet where 30 feet is required.
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 meeting 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 in the R-1 C/S zoning district, which requires all
buildings to be set back, as follows: 1) a minimum of 10 feet from the side property
line; and 2) a combined side -yard setback of 30 feet (east and west property line
setbacks combined)
2. The existing home on the property was constructed prior to modern zoning
regulations.
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. Section 1201.05 of the zoning regulations provides that in making the above
determination, the City may consider the impact to surrounding properties and to
public services.
6. The Applicant's proposal is identified on the application materials and plans
submitted on August 24 and 25, 2021 and September 16 and 23, 2021.
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to construct a new home with a variance to allow a combined
side -yard setback of 24.6 feet where 30 feet is required, based on the plans and materials
submitted on August 24 and 25, 2021 and September 16 and 23, 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 lack of a garage on a property in Minnesota; and would be the
minimum request to alleviate the practical difficulties as long as the detached shed is removed
from the property and the patio is removed and restored to vegetation. Additionally, that the
improvements proposed would not inappropriately impact the area, public welfare or other
lands/improvements in the area.
C. The variance approval shall be subject to the following conditions:
1. Prior to beginning any construction at the property, the applicant shall acquire all
necessary permits prior to construction.
2. Prior to the issuance of a permit, remove the patio within the setback to the OHWL
and restore the area to vegetation.
3. Prior to the final inspection for the new garage, remove the shed and deck on the
south side of the driveway.
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 25th day of October, 2021.
Je fifer Labadie, Mayor
1i es : — 1(_��
Si—ndie Thone, City Clerk