02-057CITY OF SHOREWOOD
• RESOLUTION NO. p2-o57
A RESOLUTION GRANTING A SETBACK VARIANCE
TO MARK AND KATHY SIMANEK
WHEREAS, Mark and Kathy Simanek (Applicants) are the owners of real
property located at 25625 Wild Rose Lane, City of Shorewood, County of Hennepin, State of
Minnesota, legally described on Exhibit A, attached hereto and made a part hereof;
WHEREAS, the Applicants have an existing single-family dwelling, which dwelling is
located less than one foot from the right-of-way of Eureka Road; and
WHEREAS, the Applicants constructed a front porch on the northeast corner of the
home without a building permit and within the required setback for the property; and
WHEREAS, the Applicants have applied for an after -the -fact variance to allow them to
keep the porch; and
WHEREAS, the Applicants' request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 29 May 2002, 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 4 June 2002, the minutes of which
meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on 24
June 2002, 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-1C, Single -Family Residential zoning
district, which requires a 35-foot setback from the public right-of-way.
2. The existing building on the property is located less than one foot from the right-
of-way for Eureka Road.
3. The subject property is substandard with respect to lot area, having 18,036 square
feet of area where 20,000 square feet is required.
• 4. The subject property is substandard with respect to lot width, having 80 feet
where 100 feet is required.
5. The Applicant has experienced drainage problems over the existing entry to the
• house, resulting in ice damage and raising safety concerns.
6. Due to the location of the house, there is no way to construct a covered entry into
the home without encroaching into the setback area.
CONCLUSIONS
1. The Applicant has 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. Based upon the foregoing, the City Council hereby grants to the Applicant a
setback variance to add another level to the existing home and extend a deck around the
southwest corner of the house, subject to the following conditions:
a. The Applicants must obtain a building permit for the structure, demonstrating to
the Building Official that the structure complies with the State Building Code.
b. The Applicants must obtain the building permit within 10 days of receiving a
copy of this resolution.
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.
. ADOPTED BY THE CITY COUNCIL OF THE CITY OF S 7WOOD this 8th day of
July 2002. 1
WOODY LOVE, MAYOR
ATTEST:
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;ATOR/CLERK
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Legal description:
"Lot 1, EXCEPT the Westerly 5.30 feet thereof, Minnetonka Terrace, according to the recorded
plat thereof, Hennepin County, Minnesota.
AND
The Westerly 10.00 feet of that part of the section -line road lying between Section 32 and
Section 33, Township 117, Range 23, and lying South of the Northerly line of Lot One (1),
Minnetonka Terrace extended Easterly and North of the Southerly line of Lot One (1),
Minnetonka Terrace extended Easterly."
Exhibit A
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