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01-066CITY OF SHOREWOOD • RESOLUTION NO. 01-066 A RESOLUTION GRANTING A SETBACK VARIANCE FOR THOMAS STRAND WHEREAS, Thomas Strand (the Applicant) is the owner of real property located at 24845 Smithtown Road in the City of Shorewood, said property legally described as: "That part of the east 235.09 feet of Lot 39, Auditor's Subdivision Number 133, Hennepin County, Minnesota, lying north of a line parallel with and 159.15 feet north of the south line of said Lot 39"; and WHEREAS, the Applicant wishes to build a deck on the southwest corner of his house and the house is located entirely within the required 50-foot setback from Club Lane; and WHEREAS, the property is zoned R-lA, Single -Family Residential zoning district, which zoning district requires a 50-foot setback abutting a street right-of-way, and the Applicant has requested a 15-foot setback variance to build the deck; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 27 September 2001, which memorandum is on file at City Hall; and is WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 2 October 2001, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request for a variance was considered by the City Council at its regular meeting on 22 October 2001, at which time the Planner'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 subject property is located in an R-lA, Single -Family Residential zoning district and contains approximately 54,800 square feet of area. 2. The subject property is occupied by the Applicant's existing home and a utility shed, which home is located too close to the right-of-way of Club Lane. E E r. 3. No addition could be made to the existing home without some sort of variance. • CONCLUSIONS A. The Applicant has established an undue hardship and has satisfied the criteria for the grant of a variance under the appropriate sections of Minnesota Statutes and the Shorewood City Code. B. Based upon the foregoing, the City Council hereby grants the Applicant's request for a setback variance to build a deck 35 feet from the right-of-way of Club Lane. C. That the City Administrator/Clerk is hereby authorized and directed to provide the Applicants with 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 Shorewood this 22nd day of October, 2001. • WOODY LOVE, MAYOR ATTEST: CRAIG W.,VXWSON, CITY ADMINISTRATOR/CLERK 0