04-084
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CITY OF SHOREWOOD
RESOLUTION NO. 04-084
A RESOLUTION GRANTING A SETBACK VARIANCE
TO TODD MEIXNER
WHEREAS, Todd Meixner (Applicant) is the owner of real property located at
25625 Birch Bluff Road, City of Shorewood, County of Hennepin, State of Minnesota, legally
described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicant has an existing single-family dwelling, which dwelling is
located too close to the rear lot line and too close to the right-of-way for Eureka Road, making it
a nonconforming structure; and
WHEREAS, the Applicant has applied for a variances to construct an addition to connect
a new garage to the existing home; and
WHEREAS, the Applicant's request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 2 September 2004, a copy of which is on
file at City Hall; and
WHEREAS, after required notice a public hearing was held and the application reviewed
by the Planning Commission at a regular meeting held on 7 September 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 27
September 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
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-1C/S, Single-Family
ResidentiallShoreland zoning district, which requires a 35-foot setback from the public right-of-
way and a 40- foot rear yard setback.
2. The existing building on the property is located approximately 3.3 feet from the
right-of-way of Eureka Road and 10.7 feet from the rear property line.
3. The subject property is substandard with respect to lot area, having only 13,271
square feet, where 20,000 square feet is the minimum lot size for the R-1C/S zoning district.
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4.
The existing east side lot line is jogged, resulting in an unusual lot configuration.
5. The existing home was built prior to City zoning regulations, and is entirely
outside of the buildable area of the lot.
6. The existing home contains approximately 2253 square feet of floor area on the
two main levels.
7. The proposed addition connecting the house to the new garage is one story in
height and contains 67 square feet of area.
CONCLUSIONS
1. That the Applicant has satisfied the criteria for the grant of a variance under the
Shorewood City Code and have established an undue hardship as defined by Minnesota Statutes.
2. That based upon the foregoing, the City Council hereby grants to the Applicant a
setback variance to construct the addition illustrated on Exhibits B and C, attached hereto and
made a part hereof. Approval is subject the stipulation that the remodeling of the existing
attached garage will not result in demolition amounting to more than fifty percent of its current
. value.
3. That the City Administrator/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 SHOREWOOD this 27th day of
September 2004.
ATTEST:
Woody Love, Mayor
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LEGAL DESCRIPTION:
Lot 13 and ()f thc Easl half of Loll2, Block 3,. Mannis Addition to Birch Bluff, AND that part of the WestlO.O feeLof
First Slrecllying North of the extension East oflhe mosl southerly line of Lot 13, Block 3, Mann's Addition to Birch
Bluff, autt'South llf a line drawn parallel with and 50.0 feet North ofth.e most southerly line and the easterly extension
thereof of Lol 13, Block 3, Mannis Addilion lo Birch Bluff, EXCEPT thal part of Loll3 and that parl of the East half
of Lol 12, Block 3, Mannis Addition to Birch Bluff. lying South of a line'drawn westerly at a right angle to the East line
of Lol 14, in ~aid block and addition, from a point therein distant 7.34 feet South of the Northeast comer of said Lot 14,
AND ALSO EXCEPT thal parl of Lot 13, Block 3, MannIs Add,ition to Birch Bluff, lying U(lrtheasterly of the .
northeasterly line ofthe "blacktop road", and more particularly described as: Comm~ncing at the Northeast comer of
said Lm 13, thence South along the easterly line thereof 21.0 feet more or less to the northeasterly line of Birch Bluff
Road as now traveled, lhence northwesterly along said northeasterly line to its intersec~on with the northerly line of
said Lot 13, thence nort,heasterly to the poinlofbeginning, according to the record'plal thereof, and situated in
Hennepin County, Minne~()ta. .
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Exhibit A
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Exhibit B
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Exhibit C