24-026 Approving Variance to Front Setback to Expand a Nonconforming Home on Property Located at 20750 Garden Road RECORDEDExisting Certs
1568968
1111111111111111111111111111111111111111111111111111
LAND TYPE Torrens (T)
DOC NUM 6083879
Certified, filed and/or recorded on
Jul 8, 2024 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 125 Pkg ID 2690222M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
WAMOT0191119MM01
W&I
Dated: June 26, 2024
OFFIC-!A!: CERTIFICATION .
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF SHOREWOOD)
1, Sandie Thone, duly appointed City Clerk of the City of Shorewood, Hennepin County,
Minnesota; do hereby certify that the foregoing official RESOLUTION 24-026: A RESOLUTION
APPROVING VARIANCE TO FRONT SETBACK TO EXPAND A NONCONFORMING HOME ON
PROPERTY LOCATED AT 20750 GARDEN ROAD was approved by the Shorewood City Council on
April 8, 2024. The attached Resolution 24-026 is a true and correct copy adopted by the Council
of the City of Shorewood and is recorded in the minutes of a meeting held on the 8th day of
April 2024.
DRAFTED BY:
SHOREWOOD CITY CLERK'S OFFICE
5755 COUNTRY CLUB ROAD
SHOREWOOD, MN 55331
PRINTED ON RECYCLED PAPER
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 24-026
A RESOLUTION APPROVING VARIANCE TO FRONT SETBACK
TO EXPAND A NONCONFORMING HOME ON PROPERTY LOCATED
AT 20750 GARDEN ROAD
WHEREAS, Matthew Sayer, (the "Applicant") proposed to construct a second story addition and
add a cantilever to a home that is set back 38.6 feet at its closest point from the front property
line where the 50 feet is required; and,
WHEREAS, the property is legally described as:
Tract C, Registered Lane Survey No 932, Hennepin County, Minnesota; and,
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the March 19, 2024 Planning Commission meeting, a copy of
which is on file at City Hall; and,
WHEREAS, the Planning Commission held a public meeting on March 19, 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 March 19,
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 and staff.
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-1A/S zoning district, which requires all buildings to
be set back 50 feet from the front property line.
2. The existing home was constructed in 1960, prior to the application of the 50-foot setback
and built closer than is currently permitted to the front property line.
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
February 5, 2024 (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 to their home that would
be setback 38.6 feet from the front property line and an cantilever on the second story that
would be 48 feet from the front property line where 50 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 home constructed prior to the current setback. The addition is a
reasonable residential use, the difficulties were not created by the homeowner, 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 with the conditions
listed below.
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 applicant shall revise their plans to indicate that they
would tip the new driveway to direct storm water run-off away from the property to the north;
add gutters on the north side of the home; and orient the downspouts away from the north
property line to direct rainwater first into their own property before it ultimately reaches the
adjacent neighbor's property.
J. Prior to issuance of a permit, the applicant shall revise their plans to indicate compliance
with the city's tree preservation ordinance and provide a landscaping plan with the required
trees to be planted.
K. 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.
L. 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 8th day of April, 2024.
Je ifer abadie, Mayor
At
Sandie Thone, City Clerk