24-038 Approving Variances to Front and Side-Yard Setbacks to Expand a Nonconforming Home for a Property Located at 20980 Ivy Lane RECORDEDLAND TYPE Abstract (A)
DOC NUM 11297414
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
5755 COUNTRY CLUB ROAD - SHOREWOOD, MINNESOTA 55331-5927 - (952) 960-7900
FAX (952) 474-0126 - www.oi.shorewood.mmus • cityhaII@ci.shorewood.mn.us
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 24-038: A RESOLUTION
APPROVING VARIANCES TO FRONT AND SIDE -YARD SETBACKS TO EXPAND A NONCONFORMING
HOME FOR A PROPERTY LOCATED AT 20980 IVY LANE was approved by the Shorewood City
Council on May 28, 2024. The attached Resolution 24-038 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 28th day of May 2024.
� PRINTED ON RECYCLED PAPER
RESOLUTION 24-038
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING VARIANCES TO FRONT AND SIDE -YARD SETBACKS TO EXPAND A
NONCONFORMING HOME
FOR A PROPERTY LOCATED AT 20980 IVY LANE
WHEREAS, Todd Nelson, (the "Applicant") proposed to construct an addition to the home that
would be 8.25 feet to the front property line where 30 feet is required and a combined setback
of 17.7 feet, where 30 feet is required with the east side at 5.4 feet where a minimum of 10
feet is required; and,
WHEREAS, the property is legally described as:
All of lot 10 except that part described as follows: Commencing at the southeasterly
corner of said Lot 10, thence westerly along the southerly line of said lot 10 a distance of
14 feet, thence northerly parallel to the easterly line of said Lot 10 a distance of 80 feet,
thence easterly parallel to the southerly line of said Lot 10 a distance of 14 feet, thence
southerly along the easterly line of said Lot 10 to the point of beginning, in Block 7,
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 May 7, 2024 Planning Commission meeting, a copy of
which is on file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on May 7, 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 May 28, 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 THE CITY 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 subject property is located in the Lake William shoreland overlay district which requires
all homes to have a combined side -yard setback variance of 30 feet, with no one side less
than 10 feet from the property line.
3. The existing lot was created in 1920 and was further subdivided prior to modern record
keeping.
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
March 20 and 25, 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 an addition to their home at 8.25 feet from the
front property line with a combined side -yard setback of 17.7 feet where 30 feet is required
and the east side of the addition would be 5.4 feet from the side property line where 10 feet is
required, as shown on the Plans, except that the applicant has indicated they won't be
constructing the covered entry.
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 deck 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. 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 THE CITY OF SHOREWOOD, MINNESOTA this 28th day of
May, 2024.
Jenrr66 Lab die, Mayor
!&IL
Sandie Thone, City Clerk