23-014 Approving a Variance to the Rear Yard Setback for Property Located at 5925 Eureka Road *RECORDED1111111111111111111111111111111
LAND TYPE Abstract (A)
DOC NUM 11223362
Certified, filed and/or recorded on
Aug 10, 2023 4:30 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 147 Pkg ID 2593319M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
CITY OF SHOREWOOD
5755 Country Club Road e Shorewood, Minnesota 553
952.960.7900 www.ci.shorewood.mn.us
Dated: July 24, 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 23-014: A
RESOLUTION Approving a Variance to the Rear Yard Setback for Property Located at
5925 Eureka Road was approved by the Shorewood City Council on January 23, 2023. The
attached Resolution 23-014 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 23rd of January 2023.
Sandie Thone
City Clerk
SHOREWOOD CITY CLERK'S _pF�C
5755 COUNTRY CLUB ROAI.) ,,,:, �_•° �`g "-
SHOREWOOD, MN 55331 m .."
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RESOLUTION 23-014
well IM"AWNW-1*
WHEREAS, Gene German and Sara Lamoi|m. (the "Applicant") propose to install 10-foot bv2O-
footaccessory building onproperty legally described as:
The north 156.75feet ofthe west 137.OUfeet ofthat part ofLot 70. Auditor's Subdivision
No. 133. according to the recorded plat thereof, Hennepin County. Minnesota, lying
north ofthe north line ofLots 14and 15K4eakamo(]udo1s to Excelsior, according tothe
recorded plat thereof insaid County; (the "Subject Pnoparty^\and,
WHEREAS, the Applicant has applied for a variance toallow anaddition to be 3 feet from the
rear property line where 5Ofeet karequired; and
WBHEptEAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in o memorandum for the December 6. 2022 and January 17, 2023 Planning
Commission nneeUn0, a copy of which in on file at City Hall; and
WHEREAS. the Planning Commission held public meetings on Decanober8. 2022 and January
17.2O23toreview the application, the minutes of the meetings are onfile atCity Hall; and
WHEREAS, the City Council considered the application otits regular meeting on
January 23.2O23.atwhich time the planning staff memorandum and the Planning
Commission's recommendations were reviewed and comments were heard by the City Council
from the App|icont, staff and public.
Mop
1. The subject property islocated inthe R-1/4zoning district, which requires all buildings to
beset back 5Ofeet from the rear property lines.
2. The existing home was constructed in 1958. prior to modern zoning regulations.
3. The existing property is on a corner lot which requires a 50-foot setback from north, west
and south property lines.
4. The property was created prior to modern zoning and has about 21.500 square feet of
area in azoninQ district that requires 4D.00Osquare feet.
5. Section 1201.05 of the zoning regulations provides that the purpose of a variance is to
allow oprocess todeviate from the strict provision ofthe zoning regulations when there are
6. 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.
7. Section 12O1.O5ofthe zoning regulations provides that the variance request shall bethe
minimum action necessary to alleviate the practical difficulties.
8. The Applicant's proposal is identified on the application materials and plans submitted
onOctober 20.25.and 2O.2O22.December 27.2O22(the ^P|onm^\
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to construct an accessory building closer to the rear property
|ine, based on the Plans.
B. 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 toovercome any future issues that may result from the shed'scnnntruction.
C. The City Council specifically finds that approving a variance to allow an accessory
structure at 10 feet from the rear property line is consistent with the variance criteria listed in the
zoning ordinance as it specifically demonstrates practical difficulties based on the location of the
property as acorner lot and approximately half the size required bymodern zoning. AoGresult,
allowing a shed at 10 feet from the property line would be the minimum action to alleviate the
practical difficulties. Additionally, that the improvements proposed would not inappropriately
impact the area, public welfare orother |endm/irnprove mments in the area.
D. The variance approval shall besubject 0othe following conditions:
1. Prior to beginning any construction on the Property, the applicant shall acquire all
necessary permits.
2. Prior to issuance of the building permit, the applicant shall submit a revised
survey/site plan indicating the shed a minimum of 10 feet from the side and rear
property line.
E. 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.
F 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 23rd day of January, 2023.
rw 01, � I'M
Z-�Yird—fer!l�badlie, Mayor
Attest:
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