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01-065CITY OF SHOREWOOD • RESOLUTION NO. 01-065 A RESOLUTION GRANTING A SETBACK VARIANCE TO CHRISTINE AND ALAN LIZEE WHEREAS, Christine and Alan (Applicants) are the owners of real property located at 27055 Smithtown Road, City of Shorewood, County of Hennepin, State of Minnesota, legally described as: "Part of Lot 8, Auditor's Subdivision No. 247 and part of Lot 17, Afton Meadows, Hennepin County, Minnesota"; and WHEREAS, the Applicants have an existing single-family dwelling, which dwelling is located approximately 52 feet from the rear lot line of the property; and WHEREAS, the Applicants have applied for variances to build a detached garage and extend an addition approximately seven feet into the rear yard setback; and WHEREAS, the Applicants' request was reviewed by the City Planner, whose recommendations are included in a memorandum, dated 26 September 2001, 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 2 October 2001, the minutes of which meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on 22 October 2001, 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-IA, Single -Family Residential zoning district, which requires a 50-foot setback from the rear lot line. 2. The subject property is characterized by a dramatic drop in topography between the house and Smithtown Road. 3. The subject property is substandard with respect to lot area, having only 22,800 square feet, where 40,000 square feet is the minimum lot size for the R-1A zoning district. E • • 4. The Applicants propose to demolish an existing shed on the south side of the existing house. 5. The Applicants propose to construct a detached garage 10 feet from the rear lot line, requiring a variance of 40 feet. 6. The addition to the rear of the existing house encroaches 84 square feet into the rear yard. 7. The two properties adjoining the Applicants' rear yard have large accessory buildings on them. 8. Significant vegetation exists between the Applicants' rear yard and the rear yards of the two adjoining lots. CONCLUSIONS 1. The Applicants have 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. That based upon the foregoing, the City Council hereby grants to the Applicants setback variances to build a detached garage and an addition to rear of the existing home, subject to the following conditions: a. Future additions to the existing house shall observe a 56-foot setback from the right-of-way of Smithtown Road. 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 S3JOREWOOD this 22nd day of October 2001. ATTEST: WOODY LOVE, MAYOR TOR/CLERK -2-