23-016 Approving a Variance to Rear Yard Setback on Property Located at 22430 Murray Street *RECORDEDLAND TYPE Abstract (A)
DOC NUM 11226252
Certified, filed and/or recorded on
Aug 25, 2023 4:30 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 138
Document Recording Fee
Document Total
Pkg ID 2597158M
$46.00
$46.00
This cover sheet is now a permanent part of the recorded document.
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WHEREAS, Clayton Tessness, (the "Applicant") propose to add a second story addition over an
attached garage that is currently 37.8 feet from the rear property line where 40 feet is required
on property legally described as:
The south 150.88 feet of the east 135.0 feet of Lot 84, Auditor's Subdivision No. 135,
Hennepin County, Minnesota. Subject to an easement for driveway purposes over the
east 20 feet thereof. (the "Property")
WHEREAS, the Applicant has applied for a variance to allow the second -story addition over the
existing non -conforming attached garage; and
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the January 17, 2023 Planning Commission meeting, a copy
of which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on January 17, 2023 to review the
application and take any public testimony offered, the minutes of said meeting 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 and staff.
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 prohibits structures
within 40 feet of the rear property line.
2. The addition is proposed to increase the living space of the home by providing a master
bedroom suite.
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.
5. 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.
6. The Applicant's proposal is identified on the application materials and plans submitted
on December 10, 16, and 21, 2022 (the "Plans").
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to construct a second story addition that would be 37.8 feet
from the property line where 40 feet would otherwise be required based on the Plans.
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 existing location of the nonconforming home. 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 on the Property, the applicant shall acquire all
necessary permits.
2. Prior to issuance of the building permit, the applicant shall submit a construction
management plan addressing parking for the contractors/subs, delivery of goods,
hours of construction, trash management, etc.
3. Prior to final inspection, the shed shown on the survey shall be relocated to a
conforming location.
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.
ADOPTEDBY • OF OF •R••MINNESOTA
this ' day of 1
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