03-072CITY OF SHOREWOOD
RESOLUTION NO. 03-072
A RESOLUTION GRANTING A SETBACK VARIANCE
TO FRED AND ELLEN JOHNSON
WHEREAS, Fred and Ellen Johnson (Applicants) are the owners of real property
located at 5695 Christmas Lake Point, City of Shorewood, County of Hennepin, State of
Minnesota, legally described as:
"Tract C, Registered Land Survey No. 596, Hennepin County, Minnesota"; and
WHEREAS, the Applicants have an existing single-family dwelling, which dwelling is
located approximately 34 feet from the ordinary high water level of Christmas Lake and 16 feet
from Christmas Lake Point (the private road that serves as access to the property); and
WHEREAS, the Applicants have applied for variances to add another floor to portions of
the building; and
WHEREAS, the Applicants' request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 31 July 2003, 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 5 August 2003, 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
August 2003, 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-lC/S, Single -Family
Residential/Shoreland zoning district, which requires a 50-foot setback from the ordinary high
water level (OHWL) of Christmas Lake and a 35-foot front yard setback.
2. The existing building on the property is located approximately 34 feet from the
OHWL of Christmas Lake and 16 feet from Christmas Lake Point (a private road).
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3. The subject property is substandard with respect to lot depth, having only 64 feet,
• where 120 feet is the minimum lot depth for the R-lC/S zoning district.
4. The subject property contains approximately 21,000 square feet of area.
5. The subject property is characterized by steep topography on the north end of the
lot.
6. The applicants propose to add an additional story to portions of the existing
structure.
7. The Applicants' project would reduce the amount of impervious surface on the
site from 33 percent to 22.3 percent, by eliminating existing concrete patio area located too close
to the lake.
8. The applicants propose to remove two nonconforming accessory structures
located within the setback area from the lake.
CONCLUSIONS
1. The Applicants have satisfied the criteria for the grant of a variance under the
Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes.
• 2. That based upon the foregoing, the City Council hereby grants to the Applicants
setback variances to add another level to portions of the existing home, subject to the following
conditions:
•
a. The Applicants shall protect the existing trees on the lake side of the property
during construction.
b. The Applicants shall reduce the amount of hardcover on the site per the approved
plans.
C. The Applicants must submit a landscape plan (including at least one six-foot high
evergreen tree) for the area between the existing garage and the private street.
d. The variance is granted subject to no further expansion on the north side of the
existing home.
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.
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ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHO OOD this 25th day of
• August 2003.
ATTEST:
C:
•
WOODY
WSON, CITY ADMINISTRATOR/CLERK
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