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23-033 Approving a Side-Yard Setback Variance for Property Located at 28170 Woodside Road *RECORDED1111111111111111111111111111111111111111111111111 LAND TYPE Abstract (A) DOC NUM 11226254 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 Pkg ID 2597158M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. [.0*101IJ1111411� ' • TMMI • • ! (• , I WHEREAS, Kyle Hunt & Partners, Inc., (the "Applicant") proposed to construct a new home that would be a combined 27 feet from the side property lines where 30 feet is required and the home has a four - foot overhang encroaching into the setback where two feet is allowed on property addressed as 28170 Woodside Road and legally described as shown in Exhibit A; (the "Subject Property") and, WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation is included in a memorandum for the March 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 March 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 March 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 BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: FINDINGS OF FACT 1. The Subject Property is located in the R-1A/S zoning district, which requires all buildings to be set back a combined 30 feet from the side -yard property lines and roof encroachments to project no more than two feet into a side -yard setback. 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, 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 24 and February 24 and 27, 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 home with a combined side -yard setback of 27 feet where 30 feet is required and include a four -foot overhang into the required setback where two feet is allowed consistent with the Plans. B. The City Council finds the variance request for a new home 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 reasonable proposed use of the Subject Property, the unique lot situation to the north which includes a neighboring property that is too narrow to be built on, and the essential character of the area would be preserved because the home is proposed with a single level above grade and neighborhood has lack of uniformity in the neighborhood property lines. 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. H. The variance approval shall be subject to the following conditions: 1. Prior to beginning any construction on the Subject Property, the applicant shall acquire all necessary permits. 2. The building permit application must include all required materials for a new home including, but not limited to, a stormwater management plan, and the other requirements indicated in the engineer's memo dated February 17, 2023. 3. Prior to the final inspection of the home, the portion of the driveway connecting the existing home to the shared drive on 28180 Woodside Road must be removed. 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 Shorewood, Minnesota this 2711 day of March, 2023. adie, Mayor Sandie Thone, City Clerk ZEE =.A That pad of Government Lots 2 and 3, Section 31, Township 117 North, Range 23 West, and of Lot 10, Scott's Subdivision in Lot 2, Section 31, Township 117 North, Range 23 West, described as follows: Beginning at a point on the Southerly extension of the centerline of the Street (Woodside Road) on the Easterly side of Lots 1 to 10 inclusive of Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, and said point being 31.19 feet Southerly along the Southerly extension from the intersection of said centerline and the South line of said Government Lot 2; thence Northerly along said extension to the South line of said Government Lot 2; thence West to the intersection of said South line with the Southerly extension of the Easterly line of Lot 10, Scott's Subdivision of Lot 2, Section 31, Township 117 Noz-th, Range 23 West; thence Northerly on said extended line and said Easterly line of said Lot 10, a distance of 75-9 feet to a point 42,5 feet Northerly from the Southeasterly comer of said Lot 10, thence West on a line parallel to the South line of said Lot 10 to the shoreline of Lake Minnetonka; thence Southerly along said shoreline to its intersection with a line drawn Westerly from the point of beginning, said line forming a Southwesterly angle of 85 degrees 36 minutes with the Southerly extension of centerline of said Street (Woodside Road); thence to the point of begirming, Hennepin County, Minnesota, except the following described transfer parcel: Beginning at a point on the Southerly extension of the centerline of the Street (Woodside Road) on the Easterly side of Lots 1 to 10 inclusive of Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, and said point being 31.19 feet Southerly along said Southerly extension from the intersection of said centerline and the South line of said Government Lot 2; thence Northerly along said extension to the South line of said Goverment Lot 2; thence West to the intersection of said South line with the Southerly extension of the Easterly line of Lot 10, Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West; thence southwesterly to a point distant 89.36 feet westerly from the point of beginning and on a line drawn Westerly from the point of beginning, said line forming a Southwesterly angle of 85 degrees 36 minutes with the Southerly extension of centerline of said Street (Woodside Road); thence to the point of beginning. Including that part of vacated. Woodside Road described as follows: Commencing at a point on the Southerly extension of the centerline of the Street (Woodside Road) on the Easterly side of Lots I to 10 inclusive of ScotVs Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West, and said point being 31.19 feet Southerly along said Southerly extension from the intersection of said centerline and the South line of said Government lot 2; thence Northerly along said extension to the South line of Government Lot 2, Section 31, Township 117; thence Westerly along said South line, a distance of 17,21 feet to the point of beginning of the land to be described, thence continuing Westerly, a distance of 16.50 feet, to the intersection of said South line with the Southerly extezision of the Easterly line of Lot 10, Scott's Subdivision of Lot 2, Section 31, Township 117 North, Range 23 West; thence Northerly on said extended line and said Easterly line of I of 10, a distance of 75-9 feet to a point of 42.5 feet Northerly from the Southeasterly comer of said Lot 10; thence Easterly parallel to the South line of said Lot 10, a distance of 16-52 feet; thence Southerly and parallel to the Easterly line of Lot 10, a distance of 75.9 feet, to the point of beginning