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24-096 Approving a Variance for a Shed Near the Shoreline of Christmas Lake for Property Located at 5840 Ridge RoadCITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 24-096 A RESOLUTION APPROVING A VARIANCE FOR A SHED NEAR THE SHORELINE OF CHRISTMAS LAKE FOR PROPERTY LOCATED AT 5840 RIDGE ROAD WHEREAS, Jeffrey and Maggi Seybold, (the "Applicant") proposed to keep a shed they installed 12.9 feet from the ordinary high water level (OHWL) of Christmas Lake where a minimum of 75 feet is required on property addressed as 5840 Ridge Road and legally described as indicated in Attachment A; and, WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation is included in a memorandum for the September 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 September 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 November 12, 2024, at which time the planning staff memorandum and the Planning Commission's recommendations were reviewed and public comments were reviewed by the City Council from the Applicant, staff and public, the council discussed findings for approval, and directed staff to bring forward a resolution for approval at its next meeting; and, WHEREAS, the City Council reviewed the resolution at their November 25, 2024 meeting and concluded the Applicant's meets the criteria for approving a variance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: FINDINGS OF FACT 1. The Subject Property is located in the R-1A/Shoreland zoning district, which requires all buildings to be set back 75 feet from the OHWL of Christmas Lake. 2. 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. 5. The Applicant's proposal is identified on the application materials and plans submitted on June 27 and 29, 2024 and August 2, 2024 (the "Plans"). CONCLUSIONS A. Based upon the foregoing, and the records referenced herein, the City Council hereby approves the Applicant's request to install a shed at 12.9 feet from the OHWL of Christmas Lake where a minimum of 75 feet is required consistent with the Plans. B. The City Council finds the variance request 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 reasonable proposed use of the Subject Property, the unique lot situation due to the presence of the bluff, the uniqueness of the area, and preservation of the essential character of the area that would be preserved due to the amount of screening between the shed and the shoreline. D. The City Council finds that the improvements proposed are not solely based on economic considerations, but to enhance the livability of the property. 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 home 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. H. 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. I. 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. 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