24-063 Approving Variance to Rear-Yard Setback to Construct an Attached Garage on Property Located at 22760 Galpin Lane *RECORDEDLAND TYPE Abstract (A)
DOC NUM 11310031
Certified, filed and/or recorded on
Aug 30, 2024 4:30 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 26 Pkg ID 2706322M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
CITY OF
SHOREWOOA
Dated: August 15, 2024
OFFICIAL CERTIFICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF SHOREWOOD)
..cityhaII@ci.shorewood.mn.us
I, Sandie Thone, duly appointed City Clerk of the City of Shorewood, Hennepin County,
Minnesota; do hereby certify that the foregoing official RESOLUTION 24-063: A RESOLUTION
APPROVING VARIANCE TO REAR -YARD SETBACK TO CONSTRUCT AN ATTACHED GARAGE ON
PROPERTY LOCATED AT 22760 GALPIN LANE was approved by the Shorewood City Council on
August 12, 2024. The attached Resolution 24-063 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
12th day of August 2024.
Sandie Thone
City Clerk
DRAFTED BY:
SHOREWOOD CITY, CLERK'S OFFICE
5755 COUNTRY CLUB ROAD
SHOREWOOD, MN 55331
#IJ0 PRINTED ON RECYCLED PAPER
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 24-063
A RESOLUTION APPROVING VARIANCE TO REAR -YARD SETBACK
TO CONSTRUCT AN ATTACHED GARAGE ON PROPERTY LOCATED
AT 22760 GALPIN LANE
WHEREAS, Jeff Danberry, (the "Applicant") proposed to construct an attached garage that
would be set back 13.8 feet at its closest point from the rear property line where the 40 feet is
required; and,
WHEREAS, the property is legally described as shown in Exhibit A; and,
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the July 17, 2024 Planning Commission meeting, a copy of
which is on file at City Hall; and,
WHEREAS, the Planning Commission held a public meeting on July 17, 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 August 12,
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-1C/S zoning district, which requires all buildings to
be set back 40 feet from the rear property line.
2. The existing home was constructed in 1924, prior to the application of the 40-foot setback
and the existing garage was built closer than is currently permitted to the rear 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
May 15, 28, and 31, 2024 and June 17, 2024 (the "Plans").
A. Based upon the foregoing, and the records referenced herein, the City Council hereby
approves the Applicant's request to construct an attached garage to the home that would be
setback 13.8 feet from the rear property line where 40 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 lot was created and the existing home was constructed prior to the
current setback requirements. The addition is a reasonable residential use, the difficulties were
not created by the homeowner, and the addition would not alter the essential character of the
neighborhood as most of the homes are oriented toward Galpin Lane.
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 garage 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 the issuance of a permit, the applicant shall revise their plans to indicate the
driveway would be reduced to no greater than 25 feet in width at the front property line.
J. Prior to the 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 any
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 12th day of August, 2024.
/ r ImVabadie, Mayor
Atte
Sandie Thone, City Clerk
Exhibit A: Legal Description of property:
Boundary Description (supplied by client)
A certain tract of parcel of land in Hennepin County, in
Minnesota described as follows: That port of Lot 196, Auditor's
Subdivision Number 135, Hennepin County, Minnesota, described
as follows: Commencing at the Southeasterly corner of said
Lot; thence North 75 degrees 40 minutes West along the
Southerly line of said Lot a distance of West 109.41 feet to an
ongle point on said Southerly line; thenceY86 degrees 15
minutes West along said Southerly line a distance of 0.59 feet;
thence North 8 degrees 36 minutes East a distance of 209.08
feet; thence South 78 degrees 45 minutes West a distance of
270 feet to the point of beginning of the property to be
described; thence continuing South 78 degrees 45 minutes
West to the West line of said lot; thence Southerly along said
Westerly line to the Southerly line of said lot; thence North 86
degrees 15 minutes East along said Southerly line to a point
distant 215.59 feet Westerly from said angle point measured
along said Southerly line of said lot; thence Northerly to the
point of beginning. Subject to any and all easements of record,