23-023 Approving a Variance to the OHWL Setback for Silver Lake for a Property Located at 19960 Sweetwater Curve RECORDEDa
Existing Certs
1540355
LAND TYPE Torrens (T)
DOC NUM 6030343
Certified, filed and/or recorded on
Aug 10, 2023 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 147
Document Recording Fee
Document Total
Pkg ID 2593319M
$46.00
$46.00
This cover sheet is now a permanent part of the recorded document.
Dated: March 2, 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 23-023 A RESOLUTION APPROVING
A VARIANCE TO THE OHWL SETBACK FOR SILVER LAKE FOR A PROPERTY
LOCATED AT 19960 SWEETWATER CURVE was approved and adopted by the Shorewood
City Council on February 27, 2023. The attached Resolution 23-023 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 27th day of February 2023.
Sandie Thone
City Clerk �
DRAFTED BY:
SHOREWOOD CtTV.0 t 4 Y'�S ,I ICR
5755 COUNTRY
SHOREWOOD, W,,' 3 I.
®1
® PRINTED ON RECYCLED PAPER
:*1i1 1111t1 "Lil LN �+•k�+Y�c
A RESOLUTION APPROVING A VARIANCE TO THE OHWL SETBACK FOR
SILVER LAKE FOR A PROPERTY LOCATED AT 19960 SWEETWATER CURVE
WHEREAS, Gardner Building and Remodeling, (the "Applicant") proposed to install a deck on
the back of a home that would be 140.8 feet from the ordinary high water level (OHWL) of Silver
Lake on property legally described as:
Lot 2, Block 1, Sweetwater at near Mountain 4th Addition, Hennepin County, Minnesota,
according to the recorded plat thereof; (the "Subject Property") and,
WHEREAS, the Applicant has applied for a variance to allow the deck addition to be 140.8 feet
from the OHWL where 150 feet is required; and
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the February 7, 2023 Planning Commission meeting, a copy of
which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on February 7, 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 February 27,
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 PUD zoning district, which requires all buildings to
be set back 150 feet from the OHWL of Silver Lake.
2. The existing lot was created in 1991 and existing home was constructed in 1992.
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 includes criteria for making the above
determination.
5. The Applicant's proposal is identified on the application materials and plans submitted
on January 9 and 12, 2023 (the "Plans").
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to construct a dock at 140.8 feet from the OHWL of Silver
Lake where 150 feet is required consistent with the Plans.
B. The City Council finds the variance request for a deck and its resulting construction and
use, is consistent with the intent of the comprehensive plan and in harmony with the general
purposes and intent of the zoning regulations.,
C. The City Council finds that the request specifically demonstrates practical difficulties
based on the location of the original construction of the home on the property. The deck is a
reasonable residential use, the issue that the original home construction is closer to the OHWL
than currently allowed and that the deck would not alter the essential character of the
neighborhood.
D. The City Council finds that the improvements proposed are not solely based on
economic considerations, but to enhance the livability of the home.
E. The City Council finds that the deck would not impair an adequate supply of light and air
to an adjacent property, increase the risk of fire or increase the impact on adjacent streets.
F. The City Council finds that the deck would not be detrimental to the public welfare nor
would it be injurious to other lands or improvements in the neighborhood.
G. The variance is the minimum variance necessary to address or alleviate the practical
difficulties caused by the original construction.
H. The variance approval shall be subject to the following conditions:
1. Prior to beginning any construction on the Property, the applicant shall acquire all
necessary permits.
2. Prior to the final inspection of the deck, remove the detached patio located within the
150-foot setback to the OHWL of Silver Lake.
I. 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.
J. 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 27th day of February, 2023.
' n Z F
Labadie, Mayor
Attest:
Sandie Thone, City Clerk