03-060• CITY OF SHOREWOOD
RESOLUTION NO. 03-060
A RESOLUTION DENYING A SETBACK VARIANCE TO O'DONNELL
WHEREAS, John O'Donnell (Applicant) proposes to raise the existing home located at
27100 Edgewood Road, to add another level of living area to the home on the property, said
property being described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicant proposes to demolish an existing detached garage on the
property and build an attached garage, the location of which garage does not comply with the
setback requirements of the Shorewood Zoning Code, and the Applicant has therefore made
application for a variance; and
WHEREAS, the Applicant proposes to build a second story over the attached garage, the
location of which second story does not comply with the setback requirements of the Shorewood
Zoning Code, and the Applicant has therefore made application for a variance; and
WHEREAS, a public hearing was held and the application was reviewed by the Planning
Commission on 6 May 2003 and, after deliberation, the Planning Commission recommended
• denial of the requested variances; and
WHEREAS, the City Council at their regular meeting held on 28 July 2003 reviewed the
material submitted by the Applicant, written and oral public testimony, the recommendation of
the Planning Commission and the Planning Director's staff report, dated 30 April 2003, which
report is on file in the Shorewood City Hall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
The Applicant's property is located in an R-IA/S, Single -Family Residential/Shoreland
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 Applicant's house is located less than one foot from the west property line and three
feet from the east property line, making it a nonconforming structure within the R-1 A/S
zoning district.
3. The R-lA/S district requires 40,000 square feet of area and 120 feet of width at the
• building line, whereas the Applicant's property contains 12,141 square feet of area and
ranges from 30.52 feet to 47.00 feet in width.
4. The R-1A/S district provides for a maximum impervious surface ratio of 25 percent,
•
whereas the applicant's property currently has 33 percent impervious surface.
5. The Applicant's property was granted two variances in 1986, allowing a second story to
be added to the home and allowing a two -car detached garage to be built on the lot.
6. The Applicant proposes to increase the floor area of the home from approximately 1800
square feet to approximately 3200 square feet.
7. The Shorewood Zoning Code imposes restrictions on the enlargement, extension, or
structural alteration of nonconforming structures, provided that such expansion does not
increase the nonconformity and complies with height and setback requirements of the
district in which it is located.
CONCLUSIONS
That the variance requested by the Applicant constitutes a significant deviation from the
requirements of the Shorewood Zoning Code.
2. That the Applicant's property can be put to a reasonable use under the conditions imposed
by the Shorewood Zoning Code.
3. 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).
4. 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 28th day of
July, 2003.
ATTEST:
WOODY LOVE,
"LERK
•
LEGAL DESCRIPTION:
That part of Block 3, Sampsons Upper Lake Park, Hennepin County, Minnesota, lying westerly of
the East line of said Block 3 and its northerly extension (said east line being assumed to be a line
drawn north perpendicular to the south line of said Block 3 from a point thereon distant 323.00 feet
east, as measured along said south line, from the southwest corner of said Block 3) and easterly of a
line described as follows:
Commencing at the southeast comer of said Block 3; thence on an assumed bearing of West along
• the south lime of said Block 3 a distance of 47.00 feet to the point of beginning of the line to be
described; thence North 3°04'30" East to the shore of Lake Minnetonka and said line there ending,
•
Exhibit A