23-062 Approving a Variance for a Setback from Side-Yard Abutting a Public Street for Property Located at 4805 Rustic Way *RECORDEDLAND TYPE Abstract (A)
DOC NUM 11226253
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.
•
A RESOLUTION APPROVING A VARIANCE FOR A SETBACK FROM SIDE -YARD ABUTTING A
PUBLIC STREET FOR PROPERTY LOCATED AT 4805 RUSTIC WAY
WHEREAS, John and Amanda Lhotka, (the "Applicant") proposed to construct an addition to the
existing home that would be about 26 feet from the side property line abutting the Rustic Way right-of-
way where 35 feet is required on property addressed as 4805 Rustic Way and legally described as:
Lot 6, Lot 7 and the west 2.24 feet of Lot 5, Block 1, Minnetonka Manor, Hennepin County,
Minnesota (the "Subject Property"); and,
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation is
included in a memorandum for the June 6, 2023 Planning Commission meeting, a copy of which is on file
at City Hall; and
WHEREAS, the Planning Commission held a public meeting on June 6, 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 June 26, 2023, at which
time the planning staff memorandum and the Planning Commission's recommendations were reviewed
and public comments were reviewed 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-1C zoning district, which requires all buildings to be set
back 35 feet from side -yard property lines abutting public rights -of -way.
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 April
25, 2023 (the "Plans").
A. Based upon the foregoing, and the records referenced herein, the City Council hereby approves
the Applicant's request to construct an addition with a side -yard abutting a public street setback of
about 26 feet where 35 feet is required consistent with the Plans.
B. The City Council finds the variance request for an addition 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 due to the three
frontages, and preservation of the essential character of the area that would be preserved due to the
wider right-of-way and neighborhood has lack of setback uniformity.
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 addition 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 home 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 condition that the applicant shall acquire all
necessary permits prior to beginning construction on the property.
1. 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 26T" day of June, 2023.
� t
• •Mayor
hest:
Sandie Thone, City Clerk