24-052 Approving Variances to Front and Side Setbacks to Expand a Nonconforming Home on Property Located at 4825 Ferncroft Drive RECORDEDLAND TYPE Abstract (A)
DOC NUM 11297412
Certified, filed and/or recorded on
Jul 8, 2024 4:30 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
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.
SHOREWOOD
Dated: June 26, 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 24-052: A RESOLUTION
APPROVING VARIANCES TO FRONT AND SIDE SETBACKS TO EXPAND A NONCONFORMING
HOME ON PROPERTY LOCATED AT 4825 FERNCROFT DRIVE was approved by the Shorewood
City Council on June 24, 2024. The attached Resolution 24-052 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 24th day of June 2024.
Sandie Thone
City Clerk
,
DRAFTED BY: r`
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 24-052
A RESOLUTION APPROVING VARIANCES TO FRONT AND SIDE
SETBACKS TO EXPAND A NONCONFORMING HOME
ON PROPERTY LOCATED AT 4825 FERNCROFT DRIVE
WHEREAS, Scott Karo, (the "Applicant") proposed to construct an expansion to the existing
home to add a larger garage that would: 1) be set back 28.4 feet at its closest point from the
front property line where the 30 feet is required; 2) have a 19.2-foot combined side setback
where 30 feet is required; and 3) be set back 9.4 feet from the south property line where a
minimum of 10 feet is required (the "Request"); and,
WHEREAS, the property is legally described as:
Lots 4 and 5, Block 8, Minnetonka Manor, Hennepin County, Minnesota, Description per
Document Number A10217099; (the "Property") and,
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the June 4, 2024 Planning Commission meeting, a copy of
which is on file at City Hall; and,
WHEREAS, the Planning Commission held a public meeting on June 4, 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 June 24, 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-1D/S zoning district, which requires all buildings to
be set back 30 feet from the front property line, a combined 30 feet side -yard setback and a
minimum of 10 feet from the side property line.
2. The existing home was constructed in 1976, prior to the application of the combined side -
yard setback and was built closer than is currently permitted to the side property line.
3. 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.
The Applicant's proposal is identified on the application materials and plans submitted on
April 26 and May 13, 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 garage addition to their home that would:
• Be set back 28.6 feet from the front property line
• Have a combined side -yard setback of 19.2 feet
• Be set back 9.4 feet from the south property line, 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. with their permit application.
I. The applicant shall maintain the existing design of the grades on the south side of the
garage to minimize impact to the neighbor's property, unless changes are approved by the City
Engineer.
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 24th day of June, 2024.
J nifer abadie, Mayor
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Sandie Thone, City Clerk