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02-061CITY OF SHOREWOOD • RESOLUTION NO. 02-061 A RESOLUTION GRANTING A SETBACK VARIANCE TO JAMES QUANDT WHEREAS, James Quandt (Applicant) is the owners of real property located at 22425 Murray Street, City of Shorewood, County of Hennepin, State of Minnesota, legally described on Exhibit A, attached hereto and made a part hereof; WHEREAS, the Applicant has an existing single-family dwelling, which dwelling is located approximately three feet from the rear property line and three feet from the easterly lot line of the property; and WHEREAS, the Applicants have applied for variances to add another floor to the building and to extend a deck around the southwest corner of the house; and WHEREAS, the Applicant's request was reviewed by the City Planner, whose recommendations are included in a memorandum, dated 30 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 40-foot setback from the rear property line and a 10-foot side yard setback. 2. The existing building on the property is located approximately three feet from the rear property line and three feet from the side lot line. 3. The subject property is substandard with respect to maximum impervious surface, amounting to 45 percent, where 33 percent is what is allowed. • 4. The Applicant owns the property immediately east of the subject property, which is capable of being subdivided. The Applicant has agreed to enlarge the subject property in order to reduce the amount of hardcover on the site. 5. The Applicant is willing to remove part of the existing driveway in order to reduce • the existing hardcover on the site. 6. The Applicant has agreed to grant the City a conservation easement over the northerly 47 feet of the widest part of the lot to assure that no building will be located there in the future. 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 Applicant shall provide a legal description for the property to the east at 6195 Cardinal Drive. b. The Applicant shall record a resolution approved by the City Council, subdividing the property at 6195 Cardinal Drive and combining the easterly 32 feet thereof with the subject property. This division and combination must be recorded prior to issuance of a building permit. C. Before calling for a framing inspection on the second floor addition, the Applicant • shall cause the bituminous and gravel pad located on the west side of the existing driveway and landscape the area from which the pad is removed. d. The total amount of hardcover may not exceed what exists today or 33 percent, whichever is greater. e. The Applicant shall grant the City a conservation easement over the northerly 47 feet of the widest part of the lot, ensuring that no structures will be located there in the future. 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 July 2002. SHOREWOOD this 22nd day of OODY LOVE, MAYOR ATTEST: • CRAIG AWSON, CITY ADM&-ISTR'ATOR/CLERK -2- • • Legal description: "That part of Lot 90, Auditor's Subdivision No. 135, Hennepin County, Minnesota, described as follows: Beginning at a point on the east line of said Lot 90, which point is 371.5 feet south of the northeast corner of said Lot 90; thence north along the east line of said Lot 90 a distance of 371.5 feet to the north line of said Lot 90; thence west along the north line of said Lot 90, a distance of 20 feet; thence south parallel with the east line of said Lot 90 a distance of 200.17 feet to a point; thence west parallel with the north line of said Lot 90 a distance of 100 feet; thence south parallel with the east line of said Lot 90 to the intersection with a line drawn parallel to the north line of said Lot 90 and 371.5 feet south of the northeast corner of said Lot 90; thence east along said parallel line to the east line of said Lot 90 a distance of 120 feet to the point of beginning." Exhibit A -3-