04-092
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CITY OF SHOREWOOD
RESOLUTION NO. 04-092
A RESOLUTION DENYING A SETBACK VARIANCE
FOR DICK AND KELLY CASSIDY
WHEREAS, Dick and Kelly Cassidy (Applicants) propose to demolish the existing
home at 26040 Birch Bluff Road, and build a new home on the property, said property being
described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the plans submitted by the Applicants result in an impervious surface area
to lot area ratio that exceeds the maximum established by the Shorewood Zoning Code, and the
Applicants have therefore made application for a variance; and
WHEREAS, the Applicants' request was reviewed by the City's Planning Director,
whose recommendations are set forth is a staff report, dated 29 September 2004 and subsequently
revised on 21 October 2004, both of which staff reports are on file in the Shorewood City Hall;
and
WHEREAS, a public hearing was held and the application was reviewed by the Planning
Commission on 5 October 2004 and, after deliberation, the Planning Commission recommended
denial of the requested variances; and
. WHEREAS, the City Council at their regular meeting held on 25 October 2004 reviewed
the material submitted by the Applicant, written and oral public testimony, the recommendation
of the Planning Commission and the Planning Director's staff reports.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The Applicant's property is located in an R -1 CIS, Single-Family ResidentiallShoreland
zoning district which requires a 35-foot front yard setback, a 50-foot setback from the
ordinary high water level of Lake Minnetonka, and a total side yard setback of thirty feet,
with no one side being less than 10 feet.
2. The R-1C/S district requires 20,000 square feet of area and 100 feet of width at the
building line, whereas the Applicant's property contains 14,920 square feet of area and is
approximately 90 feet wide at the building line, making it nonconforming with
Shorewood zoning standards.
3.
The Shorewood Zoning Code provides that a nonconforming lot of record is buildable as
long as it complies with 70 percent of the minimum lot width and area requirement for
the zoning district in which the property is located.
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4.
The subject property is currently occupied by a single-family home with an attached
garage and a small (64 square feet) accessory structure, located approximately 13.5 feet
from the shoreline of Lake Minnetonka.
5. The new home proposed by the applicants contains 7390 square feet of floor area on three
levels (including the basement). In addition the proposed three-car garage would have
887 square feet of area.
6. The R-1C/S district provides for a maximum impervious surface ratio of25 percent,
whereas the applicants' property currently has 33.7 percent impervious surface.
7. The plans submitted by the applicants would result in an impervious surface to lot area
ratio of29.67 square feet of area. The applicants propose to mitigate the 4.67 percent
variance by using a permeable paver driveway system.
CONCLUSIONS
a. That the variance requested by the Applicant constitutes a significant deviation from the
requirements of the Shorewood Zoning Code.
b. That the Applicant's property can be put to a reasonable use under the conditions imposed
by the Shorewood Zoning Code.
c.
That 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).
d. That the Applicant's request for the variance set forth above is hereby denied.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of
October, 2004.
WOODY LOVE, MAYOR
ATTEST:
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Legal Description:
"East 25 feet of Lot 25, West 65 feet of Lot 24, and that part of Lot 24, Birch Bluff Upper
Minnetonka, Hennepin County, MN"
Exhibit A