04-035CITY OF SHOREWOOD
• RESOLUTION NO. 04-035
A RESOLUTION GRANTING A SETBACK VARIANCE FOR JIM SEDESKY
WHEREAS, Jim Sedesky (the Applicant) is the owner of real property located at 21040
Ivy Lane in the City of Shorewood, said property legally described in Exhibit A, attached hereto
and made a part hereof; and
WHEREAS, the Applicant wishes to build a deck approximately 18 feet from the
northwesterly boundary of the property, which boundary abuts a platted street right-of-way
classified in the Shorewood Zoning Code as a Class I "Fire Lane"; and
WHEREAS, the property is zoned R-lD/S, Single-family Residential/Shoreland, which
zoning district requires a 30-foot setback abutting a street right-of-way, and the Applicant has
requested a 12-foot setback variance to build the garage; and
WHEREAS, the Applicant's request was reviewed by the City Planner and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
30 March 2004, 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 6 April 2004, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicants' request for a variance was considered by the City Council at
its regular meeting on 12 April 2004, 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
1. The subject property is located in an R-1D/S, Single -Family
ResidentiaUShoreland zoning district and contains approximately 16,331 square feet of area.
2. The subject property is occupied by the Applicant's existing home.
3. The subject property abuts a platted street right-of-way, which has been classified
in the Shorewood Zoning Code as a Class I Fire Lane.
4. In 1988 the City of Shorewood conducted a study of existing fire lanes within the
community, which study concluded that fire lanes would be retained by the City and classified
• according to their historical uses.
5. The fire lane abutting the Applicant's property was set aside for drainage purposes
• and not as a city street.
6. The Applicant proposes to construct a 12' x 20' deck on the rear side of the
existing home.
7. The Applicant has constructed a small utility building that encroaches onto the
City property.
CONCLUSIONS
A. The Applicant has established an undue hardship and has satisfied the criteria for
the grant of a variance under the appropriate sections of Minnesota Statutes and the Shorewood
City Code.
B. Based upon the foregoing, the City Council hereby grants the Applicant's request
for a setback variance to build a deck 12 feet from the northwesterly boundary of the property.
C. This approval is subject to the following conditions:
1. The Applicant must remove the utility building that encroaches on the City
property no later than 1 June 2004.
2. The Applicant must post an escrow based upon 1. above to guarantee
• removal of the building referenced in 1., above by 1 June 2004.
3. The Applicant shall at all times maintain the existing vegetation along the
northwesterly edge of his lot.
D. That the City Administrator/Clerk is hereby authorized and directed to provide the
Applicants with 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 this 12th day of April 2004.
F.
WOODY LOVE, MAYOR
ATTEST:
CRAIGYVDANMON, CITY ADMINISTRATOR/CLERK
0
Sedesky Property — Legal Description
That port of Lots 14, 15 and 16, lying westerly of the following described
line:
Beginning at a point on the south line of Lot 16, 35 feet westerly from the
southeasterly corner of said Lot 16; thence north and parallel -to the
easterly line of Lot .16 to the north line of Lot 16; thence. northeasterly to
a point on the easterly line of Lot 14, distant 140.6 feet north of the
southeast corner of said Lot 14, all in Block 7, MINNETONKA MANOR,
excluding any accretions thereto according to the plot thereof on file or of
record in the office of the Register of deeds in and for said County,
Hennepin, Minnesota.
Subject to easements of record, if any.
•
is
Exhibit A
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