22-021 Approving Variances for an Existing Dock on Property Located at 5510 Howards Point road - recordedExisting Certs
1326367
111111111111111111111111111111111111111111111111111
LAND TYPE Torrens (T)
DOC NUM 5999950
Certified, filed and/or recorded on
Feb 10, 2023 8:00 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 98 Pkg ID 2539316D
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
tP010111
5755 COUNTRY CLUB ROAD - SHOREWOOD, MINNESOTA 55331-5927 - (952) 960-7900
FAX (952) 474-0128 - www.d.shorewood.mn.us - cityha1I@ci.shorewood.mn.us
Dated: January 26, 2023
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 22-021: A
RESOLUTION APPROVING VARIANCES FOR AN EXISTING DOCK ON PROPERTY
LOCATED AT 5510 HOWARDS POINT ROAD was approved by the Shorewood City
Council on February 28, 2022. The attached Resolution 22-021 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 28th of February 2022.
Sandie Thone
City Clerk
DRAFTED BY:
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t.I PRINTED ON RECYCLED PAPER
RESOLUTION 22-021
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING VARIANCES FOR AN EXISTING DOCK ON
PROPERTY LOCATED AT 6510 HOWARDS POINT ROAD
WHEREAS, Jennifer and David Labadie, (the "Applicant") are requesting two variances for the
existing dock on property legally described as:
Lot 4, Auditor's Subd. No. 367, Hennepin County, Minnesota.
WHEREAS, the variance application is in response to a code enforcement violation notice
WHEREAS, the first variance request is to allow a dock greater than four feet in width and the
second variance is to allow the dock less than eight feet from the Ordinary High Water (OHW)
mark.
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the February 15, 2022 Planning Commission meeting, a copy
of which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on February 15, 2022 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
February 28, 2022, 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
1. The subject property is located in R1-A zoning district and is a shoreland lot with
frontage on Lake Minnetonka.
2. In 2006, the City Code was modified to adopt dock standards that were consistent
with the Lake Minnetonka Watershed District (LMWD) and Minnesota Department of
Natural Resources (MNDNR) standards.
3. City Code Section 1201.03, subd.14c, limits properties to one dock and requires that
the dock to connect to the shoreline at only one location, no wider than four feet, and
requires that the dock shall extend into the lake at least eight feet beyond the OHW
mark before branching out to form slips. The width of the dock shall not exceed four
feet at any point, except that at one location the dock may be no wider than eight feet
for a length of eight feet.
4. In August 2021, the City received a complaint regarding the dock on the property.
5. In September 2021, the City inspected the property and observed that the dock did
not comply with ordinance standards.
6. The applicant received a Notice of Violation dated October 20, 2021.
7. On November 8, 2021, the City Council granted an extension to December 8, 2021
to allow the property owner additional time to address the violation.
8. The Applicant submitted a variance request as detailed on the application materials
and plans on November 23, 2021.
9. The center dock section has an eight -foot long, 3.5-foot wide section at the shoreline
and then expands to seven feet wide for 48 feet.
10, The center dock branches out near the shoreline in two sections. The eastern
section is approximately one foot from the OHW and the western section is
approximately four feet from the OHW.
11. The existing dock and the western boat slip have been in place since 1985,
according to aerial surveys and statements from two Lake Minnetonka dock
professionals, and remain in place year-round.
12. The dock professionals confirmed that the lagoon has an extremely soft bottom and
it progressively becomes softer as you proceed from the shoreline. Placing a dock
further from the shore could result in a less stable dock and potentially unsafe dock
situation. For that reason, Jeff Fox of Waterfront Specialties, Inc. opined that the
choice to install the dock close to the shoreline was intentional due to the
circumstances of the lagoon bottom.
13. Section 1201.05, subd. 1(b) of the City Code provides that the purpose of a variance
is to allow a process to deviate from the strict provision of the zoning regulations.
14. Section 1201.05, subd. 1(b) provides the variance process is neither appropriate nor
applicable to allow a use on a property that is not permitted in the zoning district. A
dock is an allowed accessory use in the R1-A zoning district. See Section 1201.10,
subd. 3(k).
15. With respect to docks, Section 1201.03, subd. 14(f) provides no dock located within
a residential district shall extend further into the water than reasonably necessary to
provide docking space for boats and crafts used by the owner of the dock, and under
no circumstances shall a dock create a safety or navigational hazard or block any
channel or access to the lake from adjoining lots or parcels.
16. Section 1201.05, subd. 3 provides that any variance granted must consistent with the
intent of the comprehensive plan and in harmony with the general purposes and
intent of the zoning code, and must the applicant must establish that there are
practical difficulties with complying with the zoning requirements.
17. Section 1201.05, subd. 3(b)(7)(a) permits the Council to impose any condition it
considers necessary to protect the public health, safety, and welfare, provided such
conditions are directly related to and bear a rough proportionality to the impact of the
variance.
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request for a variance to allow a seven -foot wide dock where a
maximum width of four feet is permitted, based on the plans and materials submitted on
November 23, 2021.
B. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request for a variance to allow dock less than eight feet from the OHW,
based on the plans and materials submitted on November 23, 2021.
C. The City Council specifically finds that the Applicant's request for the variances to
maintain their permanent dock meets the variance criteria listed in the City Code. Specifically:
The variances are consistent with the intent of the comprehensive plan and in harmony
with the general purposes and intent of this chapter. The applicants would continue to
use the property for residential purposes. The existing home is an allowed use and the
dock is an allowed accessory use to the home. These uses are consistent with the uses
anticipated by the Comprehensive Plan and allowed by the Zoning Ordinance. The
applicant has provided evidence that the dock has generally been in place for more than
36 years. The dock is a permanent structure and is not removed in the winter.
2. The applicant has established that there are practical difficulties in complying with this
chapter.
a. The property owner proposes to use the property in a reasonable manner not
permitted by this chapter. The continued use of the permanent dock, which has
been in place for more than 36 years, is reasonable. The dock placement and its
width is reasonable in light of the unstable soils in the lagoon, and creates more
reliable and safe dock for the property owner.
b. The plight of the landowner is due to circumstances unique to the property and
not created by this landowner. The dock was originally installed more than 36
years ago by a previous landowner and remains in the lagoon year-round. The
application materials include signed statements from two local dock installation
professionals who provided their professional opinion that the soils in this lagoon
create a unique circumstance that would not allow the dock to be safely extended
further out into the lagoon. The extension of the dock from the OHWL is
incompatible with boat navigation patterns previously created by dredging of the
lagoon to create a channel for boat passage in and out of the lagoon. The
current location of the dock, and the variance herein, renders the dock
compatible with Section 1201.03, subd. 14(f) by avoiding the creation of a safety
or navigational hazard and blocking any channel or access to the lake from
adjoining lots or parcels.
c. The variances would not alter the essential character of the locality. The
continuation of the existing dock configuration in the location where it has been
for more than three decades would not alter the essential character of the
locality. The dock is consistent with the character of the area, which is a
residential, lakefront lot improved with a single-family home and an accessory
dock to access the lake.
3. The variances are not based exclusively on economic considerations. The applicants
have provided written statements from two local dock installation professionals who
performed work for the applicants in 2012. At that time, the dock was repaired where it
had been sinking on the end furthest from the shoreline and both professionals express
concern that moving the dock away from the shoreline and further into the lagoon would
create an unstable dock due to the soft soils in that area.
4. The variances to allow the dock to remain in place would not impair the supply of light
and air to adjacent property, increase congestion on the public street or endanger public
safety. As noted above, allowing the current dock placement supports public safety in
the lagoon as it allows ample room for navigation in the channel through the lagoon by
neighboring property owners.
5. The variances to allow the dock to remain in the existing location would not be
detrimental to the public welfare nor would it be injurious to other land or improvements
in the area. The dock has remained in this location for more than 36 years.
6. The variance is the minimum variance necessary to address or alleviate the practical
difficulties. Any change to the move the dock further into the lagoon would place it
nearer to the dredged channel in soft soils, which could create an unstable and unsafe
dock.
D. The variance approval shall be subject to the following conditions:
The applicant shall submit a certificate of survey for the property and the dock
within six months of the variance approval date to memorialize the existing
conditions approved by the variance.
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 28th day of February 2022.
A
Patrick'Jolfnson, Acting Mayor
Attest:
-1mv-
Sandie Thone, City Clerk