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04-090 . CITY OF SHOREWOOD RESOLUTION NO. U4-090 A RESOLUTION GRANTING A SETBACK VARIANCE TO RONALD AND MELANIE ROGNEY WHEREAS, Ronald and Melanie Rogney (Applicants) are the owners of real property located at 5950 Grant Street, City of Shore wood, County of Hennepin, State of Minnesota, legally described as: "Lot 90, Academy Addition to Excelsior, Hennepin County, Minnesota"; and WHEREAS, the Applicants have an existing single-family dwelling, which dwelling is located approximately 16.1 feet from the right-of-way of Grant Street and 11.8 feet from the south boundary of the property, making it a nonconforming structure; and WHEREAS, the Applicants have applied for a variance to construct a second story addition on the west side of the existing building; and . WHEREAS, the Applicant's request was reviewed by the City Planner, whose recommendations are included in a memorandum, dated 1 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 ata 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 25 October 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-1D, Single-Family Residential zoning district, which requires a 30-foot setback from the public right-of-way and a 35-foot setback from the rear property line. 2. The existing building on the property is located approximately 16.1 feet from the . right-of-way of Grant Street. . . . 3. The existing home was built in 1910, is in very sound physical condition, and is entirely outside of the buildable area of the lot. 4. In 1983 the property was granted a setback variance for a one-story addition on the west side of the existing home. The variance include a stipulation that the rear yard setback discrepancy (23.2 feet) be made up by a corresponding increase in the front yard setback on the north side of the lot. 5. The Applicants propose to construct a second-story addition that will not increase the footprint area of the existing home. 6. The existing home contains approximately 1425 square feet of floor area on the two main levels, not including the basement. 7. The proposed addition contains 464 square feet of area. CONCLUSIONS a. That the Applicants have 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. b. That based upon the foregoing, the City Council hereby grants to the Applicants a setback variance to construct the addition, subj ect to the stipulation that the required front (north) yard setback be increased from 30 feet to 53.2 feet. c. 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 25th day of October 2004. ATTEST: WOODY LOVE, MAYOR , ITY ADMINISTRATOR/CLERK -2-