23-129 Approving a Variance for a Setback from Side-Yard Abutting a Public Street for Property Located at 24925 Amlee Road sent for recording 01.23.24CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 23-129
A RESOLUTION APPROVING A VARIANCE FOR A SETBACK FROM SIDE -YARD ABUTTING A
PUBLIC STREET FOR PROPERTY LOCATED AT 24925 AMLEE ROAD
WHEREAS, David Hansen and Shelly Curran (the "Applicant") proposed to construct an addition to the
existing home that would be about 25.7 feet from the side property line abutting the Manitou Lane
right-of-way where 35 feet is required on property addressed as 24925 Almee Road and legally
described as:
Lot 9, Block 1 Amlee Acres, 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 December 5, 2023 Planning Commission meeting, a copy of which is
on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on December 5, 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 December 11, 2023, at
which time the planning staff memorandum and the Planning Commission's recommendations were
reviewed and public comments were reviewed 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.
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
November 9 and 20, 2023 (the "Plans").
CONCLUSIONS
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 25.7 feet where 35 feet is required consistent with the Plans.
B. The City Council finds the variance request for a garage 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 circumstances related to the original
placement of the home on the lot prior to the application of modern zoning regulations, and
preservation of the essential character of the area that would be preserved due to the placement of the
home to the south at about 26.25 feet from the right-of-way and the location of the two homes at the
end of the block.
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 consistent with City Code, prior to beginning construction on the property and the
following:
1. The applicants shall provide revised plans indicating the addition is two feet narrower than
their original request.
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 1111 day of December, 2023.
Je&nifer Labadie, Mayor
Attest:
g
Sandie Thone, City Clerk