24-007 Approving Variances to Front and Side-Yard Setbacks for a Property Located at 5995 Glencoe Road - RECORDEDLAND TYPE Abstract (A)
DOC NUM 11263686
Certified, filed and/or recorded on
Feb 9, 2024 4:30 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 168
Document Recording Fee
Document Total
Pkg ID 2645606M
$46.00
$46.00
This cover sheet is now a permanent part of the recorded document.
Dated: January 23, 2024
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 RESOLUTION 24-007: A RESOLUTION
APPROVING VARIANCES TO FRONT AND SIDE -YARD SETBACKS FOR A PROPERTY LOCATED AT
5995 GLENCOE ROAD was approved by the Shorewood City Council on January 22, 2024. The
attached Resolution 24-007 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 22nd of January 2024.
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Sandie Thone
City Clerk
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A RESOLUTION APPROVING VARIANCES TO FRONT AND SIDE -YARD SETBACKS FOR A
PROPERTY LOCATED AT 5995 GLENCOE ROAD
WHEREAS, Ben and Kelly Vanderheyden , (the "Applicant") proposed to construct an addition
to the home that would be 9.6 feet to the front property line where 35 feet is required and a
north side setback of 3.1 feet where a minimum of 10 feet is required; and,
WHEREAS, the property is legally described as:
The south 70 feet of Lot 209, Auditor's Subdivision No. 135, Hennepin County,
Minnesota; and,
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the January 2, 2024 Planning Commission meeting, a copy of
which is on file at City Hall; and,
WHEREAS, the Planning Commission held a public meeting on January 2, 2024 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 January 22,
2024, 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 SHOREWOOD, MINNESOTA
FINDS AS FOLLOWS:
FINDINGS OF FACT
1. The subject property is located in the R-1D zoning district, which requires all buildings to be
set back 30 feet from the front property line and 10 feet from the side property line.
2. The existing lot was created in 1924 and was further subdivided prior to modern record
keeping.
3. The existing home was constructed in 1950, prior to the City of Shorewood's incorporation
and built closer than is currently permitted to the front and side property lines.
4. 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 includes criteria for making the above
determination.
6. The Applicant's proposal is identified on the application materials and plans submitted on
November 19 and 21, and December 15, 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 second -story -addition to their home with a
covered front porch constructed at 9.6 feet from the front property line where 30 feet is
required and a cantilevered addition that would be 3.1 feet to the north side property line
where 10 feet is required, as shown on 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 existing size and shape of the lot. The addition is a reasonable residential use, the
difficulties were not created by the homeowner but created by the lots narrower and smaller
size and that the addition 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 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 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. Prior to beginning any construction on the Property, the applicant shall acquire all
necessary permits and submit a construction management plan including storage of
construction materials, parking of contractors and subcontractors, trash management, erosion
control, etc.
I. Prior to issuance of a permit, the applicants shall revise their plans to show gutters on
the north side of the home and downspouts oriented away from the north property line to
direct rainwater first into their own property before it ultimately reaches into the adjacent
neighbor's property.
J. 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.
K. 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 22nd day of January, 2024.
test:
Sandie Thone, City Clerk