24-030 Approving Variance to Redevelop a Nonconforming Lot on Property Located at 25955 Wild Rose Lane RECORDEDLAND TYPE Abstract (A)
DOC NUM 11297415
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.
Dated: June 3G,2O24
OFFICIAL CERTIFICATION
STATE OFyN|NNESOTA
COUNTY OFHENNEP|0
CITY OFSHOREVVOOD\
1, Sandie Thone, duly appointed City Clerk of the City of Shorewood, Hennepin County,
Minnesota; do hereby certify that the foregoing official RESOLUTION 24-030:A RESOLUTION
APPROVING VARIANCE TO REDEVELOP A NONCONFORMING LOT ON PROPERTY LOCATED AT
25955 WILD ROSE LANE was approved bythe Shorewood City Council onApril 32,2O24. The
attached Resolution 24-030 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 22nd day of April 2024.
DRAFTED BY:
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CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 24-030
A RESOLUTION APPROVING VARIANCE TO REDEVELOP A NONCONFORMING
LOT ON PROPERTY LOCATED AT 25955 WILD ROSE LANE
WHEREAS, Colson Custom Homes, (the "Applicant") proposed to remove the existing home and
buildings on the lot and build a new home on a lot that is 80 feet wide where 120 feet is
required; and,
WHEREAS, the property is legally described as:
The east 80 feet of the north 544.50 feet of that part of the southeast quarter of the
northeast quarter of Section 32, Township 117 North, Range 23 west of the 5th Principal
Meridian described as follows:
Beginning at a point 18% rods (305.25 feet) north of the southwest corner of the
southeast quarter of the northeast quarter of said Section, Town and Range in the
center of Excelsior and Smithtown Road (so called); thence from said point north 51Y2
degrees east 14% rods (239.25 feet) along the center line of said road; thence north 52
9/16 rods (867.28 feet); thence west 11 rods 3% feet (185.25 feet); thence south 61Y
rods (1014.75 feet) to beginning (also known as Lot 112, Auditor's Subdivision No. 133,
Hennepin County, Minnesota);
except that part thereof that lies north of the south line of the north 33 feet of said
southeast quarter of the northeast quarter; except that part thereof platted as Shady
Lawn Manor
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the April 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 April 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 April 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 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 zoning district, which requires all lots to be a
minimum of 120 feet in width as measured at the front setback.
2. The existing home was created prior to the application of the R-1A lot width.
3. The lot is currently about 80 feet wide.
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 29, 2024 and supplemental materials received March 7, 2024 (the "Plans").
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A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to redevelop the nonconforming lot with a new single-family
home that would meet the required setbacks and other dimensional requirements of the
zoning regulations, as shown on the Plans.
B. The City Council finds the variance request for the redevelopment of the lot 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 lot being created prior to the application of the R-1A lot width. The
addition is a reasonable residential use, the difficulties were not created by the applicant, and
that the new home would not alter the essential character of the neighborhood as many of the
lots in the neighborhood are similarly narrow.
D. The City Council finds that the request is not solely based on economic considerations.
E. The City Council finds that the narrower lot width 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 as the home would meet the district's required setbacks.
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 subject to 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 the height
of the home in conformance with the definition of building height in the zoning regulations.
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. Prior to issuance of a permit, the applicant shall provide a rate control device with
supporting engineering documents and revised plans as needed to show the rate control devise
on the property.
L. 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.
M. 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 April, 2024.
Je nifer L badie, Mayor
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andie Thone, City Clerk