04-056CITY OF SHOREWOOD
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RESOLUTION NO. 04- 056
A RESOLUTION DENYING A VARIANCE TO INCREASE THE NONCONFORMITY
OF A NONCONFORMING STRUCTURE
FOR THOMAS THISS
WHEREAS, Thomas Thiss (Applicant) has an interest in certain real property
(the Property) in the City of Shorewood, legally described in Exhibit A, attached hereto and made
a part hereof; and
WHEREAS, in April 2004 the City of Shorewood granted the Applicant a minor
subdivision and bluff setback variance, allowing the Applicant to subdivide his property into two
lots; and
WHEREAS, Shorewood City Council Resolution No. 04-031, on file at the Shorewood
City Hall, stipulated that a nonconforming garage on the Property must be moved or removed by
1 July 2004, as a condition of subdivision approval; and
WHEREAS, the Applicant has applied for a variance to keep the nonconforming garage
in its current location; and
• WHEREAS, the Applicant's request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 29 April 2004, a copy of which is on file
at the Shorewood City Hall; and
It
WHEREAS, after required notice a public hearing was held and the application reviewed
by the Planning Commission at a regular meeting held on 4 May 2004, the minutes of which
meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on 14
June 2004, at which time the Planner's memorandum and the Planning Commission's
recommendations were reviewed and comments were heard by the Council from the Applicant
and from the City staff; and
WHEREAS, based upon the Planning Commission's recommendations, the City staff
has prepared a resolution setting forth Findings of Fact and Conclusions denying the variance to
increase the nonconformity of a nonconforming structure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
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FINDINGS OF FACT
1. The Property contains 2.42 acres of land and is located in an R-lA/S,
Single -Family Residential/Shoreland zoning district, which requires a fifty -foot setback from the
public right-of-way or private road for all buildings.
2. A detached garage located on the west side of Ridge Road is only 1.2 feet from
the north side lot line, whereas a minimum of ten feet is required.
3. The detached garage referenced in 2. above is only 27 feet from Ridge Road.
4. The City of Shorewood has approved a subdivision of the Property, subject to
bringing the nonconforming garage into conformity with R-1A/S zoning requirements.
CONCLUSIONS
The variance requested by the Applicant constitutes a significant deviation from the
requirements of the Shorewood Zoning Code.
2. The Applicant's property can be put to a reasonable use under the conditions imposed by
the Shorewood Zoning Code, particularly in light of the previously approved bluff impact
zone setback variance, allowing the Property to be subdivided.
• 3. The Applicant has not met the criteria for the grant of a variance under Section 1201.05
of the Shorewood City Code and has failed to establish any undue hardship as defined by
Minn. Stat. Section 462.357, Subd. 6(2).
4. The Applicant's request for the variance set forth above is hereby denied.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th
day of June 2004.
I
WOODY LOVE, MAYOR
ATTEST:
• CRAISON, CITY ADMINISTRATOR/CLERK
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STING LEGAL DESCRIPTION: (per Certificate of Title Number 430174)
Tract 1: That part of Government Lot 7 and accretions thereto, Section 36, Township 117,
Range 23, described as commencing at a point on a line bearing North 29 degrees 19 minutes
East (assuming the South line of said Government Lot 7 as bearing East and West) from the
Northeast corner of Section 2, Township 116, Range 23, distant 668.49 feet Northeasterly from
said Northeast corner of Section 2, which point is hereinafter referred to as point "A"; thence
South 29 degrees 19 minutes West a. distance of 175.27 feet ,to the actual point of beginning;
thence South 58 degrees 17 minutes East a distance of 114.87 feet to a point marked by a
judicial landmark; thence Northeasterly in a straight line to a point distant 110.7 feet
Southeasterly from the aformentioned point "A",- as measured along a line bearing South 68
degrees 11 minutes East from said aforementioned point "A", which point is marked by a judicial
landmark; thence North 68 degrees 11 minutes West a distance of 279.43 feet to a point
marked by a judicial landmark; thence continuing North 68 degrees 11 minutes West to the
shore of Christmas Lake; thence Southwesterly along the shore of said lake to an intersection
with a line bearing North 58 degrees 17 minutes West from the actual point of beginning;
thence South 58 degrees 17 minutes East to a point distant 115.13 feet .Northwesterly from the
actual point of beginning, which point is marked by a judicial landmark; thence continuing South
58 degrees 17 minutes East to the actual point of beginning.
Tract 2: That part of Government Lot 7 and accretions thereto, Section 36, Township 117,
Range 23, described, as commencing at a point on a line bearing North 29 degrees 19 minutes
East (assuming the South line of said Government Lot 7 as bearing East and West) from the
Northeast corner of Section 2, Township 116, Range 23, distant 668.49 feet Northeasterly from
said Northeast corner of Section 2, which , point is hereinafter referred to as point "A"; thence
uth 29 degrees 19 minutes West a distance of 175.27 feet thence South 58 degrees 17
mutes East a distance of 114.87 feet to the actual point of beginning, which point is marked
by a judicial landmark; thence continuing -South 58 degrees 17 minutes East a distance of 304
feet, more or less, to a point marked by a judicial landmark; thence continuing South 58
degrees 17 minutes East to the shore of Silver Lake; thence Northerly along the shore of said
lake to an intersection with a line bearing South 68 degrees 11 minutes East from said
aforementioned point "A"; thence North 68 degrees 11 minutes West to a point distant 368.15
feet Southeasterly from said point "A", as measured along said line bearing North 68 degree 11
minute West, which point is marked by a judicial landmark; thence continuing North 68 degrees
11 minutes West to a point distant 110.7 feet Southeasterlyfrom the aforementioned point "A",
as measured along said line bearing North 68 degrees 11 minutes West, which point is marked
by a judicial landmark; thence Southwesterly in a striaght line to the actual point of beginning.
All according to .the United States Government Survey thereof.
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Exhibit A
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