23-015 Denying a Request for a Varaince to Side-Yard Setbacks for Property Located at 5925 Eureka RoadRESOLUTION NO. 23-015
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION DENYING A REQUEST FOR A VARIANCE TO SIDE -YARD
SETBACKS FOR PROPERTY LOCATED AT 5925 EUREKA ROAD
WHEREAS, Gene German and Sara Lassila, (the "Applicant") are the owners of real property,
legally described as:
The north 156.75 feet of the west 137.00 feet of that part of Lot 76, Auditor's Subdivision
No. 133, according to the recorded plat thereof, Hennepin County, Minnesota, lying
north of the north line of Lots 14 and 15 Meakers Outlots to Excelsior, according to the
recorded plat thereof in said County; (the "Subject Property") and
WHEREAS, the Applicant has applied for variances to allow an accessory building to be
constructed three feet from side and rear property lines where 10 and 50 feet are required; and
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the December 6, 2022 and January 17, 2023 Planning
Commission meeting, a copy of which is on file at City Hall; and
WHEREAS, the Planning Commission held public meetings on December 6, 2022 and January
17, 2023 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
January 23, 2023, 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, which allows all buildings to
be no closer than 10 feet from side property lines and 50 feet to rear property lines.
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.
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. Section 1201.05 of the zoning regulations provides that in making the above
determination, the City may consider if the variance has impact on the essential character of the
locality or injurious to other land or improvements in the neighborhood.
5. Section 1201.05 of the zoning regulations provides that the variance request shall be the
minimum action necessary to alleviate the practical difficulties.
CONCLUSIONS
A. The City Council finds that the applicant's original request for a three-foot setback may
be inadequate to resolve any impacts to the surrounding area, but 10 feet would provide
additional area to overcome any future issues that may result from the shed's construction.
B. Based upon the foregoing, and the records referenced herein, the City Council hereby
concludes that the Applicant's proposal for a variance is in conflict with the criteria for a variance
listed in Item 3 and 4 under Findings (above) and hereby denies the application as the applicant
has not shown that there is a practical difficulty that the applicant could not overcome or any
unique circumstances related to the side -yard setback.
C. The City Council further concludes the Applicant's proposal conflicts with Item 4 under
Findings (above) and hereby denies the application because the request could impact the
essential character of the locality or could be injurious to other land or improvements in the
neighborhood due to the close proximity to the side property line.
D. The City Council further concludes that the Applicant's proposal conflicts with Item 5
under Findings (above) and hereby denies the application because without a finding that there
are practical difficulties, the request is not the minimum action to alleviate the circumstance.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 23rd
day of January, 2023.
Attest:
WilliLi T�"
San ie f hone, Cfty Clerk
J141er L badie, Mayor
-2-