04-016RESOLUTION NO. 04-016
A RESOLUTION GRANTING A WETLAND SETBACK VARIANCE
FOR THE LINDEN HILLS DEVELOPMENT LLC
WHEREAS, Linden Hills Development LLC (Applicant) is the owner of real property
located at 5975 Linden Court (the Subject Property) in the City of Shorewood, legally described
as:
"Lot 5, Linden Hills, Hennepin County, Minnesota."; and
WHEREAS, the Applicant has applied for a setback to build a new home closer to a
wetland than the Shorewood Code currently allows; and
WHEREAS, Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 2
October 2003, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 7 October 2003, the minutes of
which meeting are on file at City Hall; and
• WHEREAS, Applicant's request for a wetland setback variance was considered by the
City Council at its regular meeting on 27 October 2003, at which time the Planner's
memorandum and the minutes of the Planning Commission were reviewed and comments were
heard by the Council from the City staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as
follows:
FINDINGS OF FACT
The Subject Property is located in an R-1C single-family residential zoning
district.
2. The Subject property is occupied by a low area that the Minnehaha Creek Watershed
District has determined is a wetland basin.
3. The City Code requires a 35-foot wetland buffer and a 15-foot building setback
from the wetland buffer.
4. The Minnehaha Creek Watershed District requires only a 16.5-foot wetland
buffer.
•
5. The Subject Property is characterized by mature trees and dramatic changes in
elevation, that would have to be significantly altered in order to adhere to the City's wetland
setback requirements.
CONCLUSIONS
1. The Planning Commission has detennined that:
a. The proposed site plan results in no artificial obstruction being placed in
within the wetland. In addition the development of the lot provides a positive
outlet for surface water runoff from the low area.
b. The proposed home will not result in an incompatible land use that is
detrimental to the protection of surface and ground water supplies.
c. By minimizing site alteration, the proposed building plans are more consistent
with Shorewood's planning objectives than forcing the homes onto the lot in a
different configuration.
d. The proposed home fits the site better than if it is required to be modified.
2. The Applicant has satisfied the criteria for the grant of a variance under Section
1102.09 of the Shorewood City Code.
3. Based upon the foregoing, the City Council hereby grants the Applicant's request
• for a setback variance subject to the following:
a. The building setback from the wetland shall be 35 feet, of which 16.5 feet
shall be maintained as a natural buffer.
b. Building plans for a new home on the lot shall include a landscape plan,
showing wetland compatible vegetation marking the 16.5-foot buffer area.
4. 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 REWOOD this 23rd day of
February, 2004.
WOODY LOVE, MAYOR
ATTEST:
• BRADLEY J. EN,qATING ADMINISTRATOR
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