02-022CITY OF SHOREWOOD
• RESOLUTION NO. 02-022
A RESOLUTION DENYING A FRONT YARD SETBACK VARIANCE
REQUEST BY DEWEY CARTER
WHEREAS, Tradewinds Concepts/Designs, Inc. (Applicant) is the owner of real
property located at 26330 Noble Road, in the City of Shorewood, County of Hennepin, legally
described as:
"Lot 1 Block 3, Oak Ridge Estates Second Addition, Hennepin County, Minnesota";
and
WHEREAS, the Applicant proposes to build a single-family residential dwelling on the
property and has requested a 30-foot variance from the setback requirement imposed by the
Shorewood Zoning Code for the zoning district in which the property is located; and
WHEREAS, the Applicant's application was reviewed by the Planning Director and
his recommendations have been set forth in a memorandum to the Planning Commission,
Mayor and City Council, dated 29 November 2001; and
WHEREAS, a public hearing was held and the application for a variance was reviewed
by the Planning Commission on 4 December 2001, the minutes of which meeting are on file at
• City Hall; and
WHEREAS, the Applicant requested additional time to revise his plans in order to
resolve issues raised at the public hearing, the hearing was continued to 15 January 2002 and
again to 5 February 2002; and
WHEREAS, the Applicant failed to submit revised plans or appear at the continued
hearing and the Planning Commission voted unanimously to recommend that the City Council
deny the variance request; and
WHEREAS, the Applicant's request was considered by the City Council at their
regular meeting on 25 February 2002, at which time the Zoning Administrator's memorandum
and the minutes of the Planning Commission were reviewed and comments were heard by the
Council from the City staff.
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-lA Single -Family Residential
zoning district, which requires a 50-foot front yard setback, a 50-foot setback on the side yard
is the
the Grant Lorenz Road right-of-way, a 10-foot side yard setback on the west side of
the lot and a 50-foot rear yard setback.
2. The Minnehaha Creek Watershed District (MCWD) requires a 35-foot setback
• from the wetland located on the north half of the property.
3. In order to comply with the MCWD's wetland setback the Applicant proposes
build the house 20 feet from the right-of-way of Noble Road, requiring a variance of 30 feet
from the City's front yard requirement.
CONCLUSION
1. That the Applicant has not satisfied the criteria for the grant of a variance under
the Shorewood City Code and has neither established an undue hardship as defined by
Minnesota Statutes or attempted to minimize the amount of variance required to build a home
on the subject property.
2. That based upon the foregoing, the City Council hereby denies the Applicant's
request for a setback variance.
ADOPTED BY THE CITY COUNCIL of the City of Sho ood this 25th day of
February, 2002. _ /
• ATTEST: LOVE, WOODY LE, MAYOR
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