01-059CITY OF SHOREWOOD
• RESOLUTION NO. 01-059
A RESOLUTION GRANTING A SETBACK VARIANCE
TO DAN PLAZIAK
WHEREAS, Dan Plaziak (Applicant) is the owner of real property located at 448
Lafayette Avenue, City of Shorewood, County of Hennepin, State of Minnesota, legally
described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicant has an existing single-family dwelling, which dwelling is
located approximately 35 feet from ordinary high water level of Lake Minnetonka and 1.5 feet
from the private road that serves as access to the property; and
WHEREAS, the Applicant has applied for variances to construct additions to the north
and south sides of the building; and
WHEREAS, the Applicant's request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 30 August 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 4 September 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 24
September 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-lA/S, Single -Family
Residential/Shoreland zoning district, which requires a 50-foot setback from the ordinary high
water level (OHWL) of Lake Minnetonka and side yard setbacks totaling 30 feet, with no one
side being less than 10 feet.
2. The existing building on the property is located approximately 35 feet from the
OHWL of Lake Minnetonka, 6.7 feet from the west side lot line and 6 feet from the east side lot
line.
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3. The subject property is substandard with respect to lot area, having only 8729
square feet, where 40,000 square feet is the minimum lot size for the R-lA/S zoning district.
4. The subject property is substandard with respect to lot width, having only 50 feet,
where 120 feet is the minimum width for the R-1 A/S zoning district.
5. The subject property is substandard with respect to lot depth, having only 135
feet, where 150 feet is required.
6. The existing side lot lines are skewed at severe angles to the shoreline of Lake
Minnetonka.
7. The applicant proposes to remove certain deck and sidewalk area from the site,
reducing the amount of hardcover on the subject property.
CONCLUSIONS
1. That 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. That based upon the foregoing, the City Council hereby grants to the Applicant
setback variances to construct the additions illustrated on Exhibit B, attached hereto and made a
part hereof.
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 SHOREWOOD this 24th day of
September 2001.
WOODY LOVE, MAYOR
ATTEST:
CRAIG )K/1bAWSON, CITY ADMINISTRATOR/CLERK
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LEGAL DESCRIPTION OF PREMISES :
That port of Lot 21, Auditor's Subdivision No. 313, Hennepin County, Minnesota described as follows;
Commencing at the Southeasterly corner of said lot; thence West along the south line of said lot to a
point therein distant 86 feet, measured along a line which makes on interior angle with the Northeasterly
line of said lot of 53 degrees 15 minutes; thence Northwesterly a distance of 145 feet to a point in the
Northerly line of said lot distant 47 feet West along said lime, from the Northeasterly corner of said lot;
thence Easterly along said Northerly line -a distance of 47 feet to the Northeasterly corner of said lot;
thence Southeasterly along the Northeasterly line of said lot a distance of 162 feet to the point of beginning.
Exhibit A
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MISTING
HOUSE
•
CERTIFICATE OF SURVEY FOR
DAN' PLAZIA - K
IN LOT 21, AUa. SUB. N. 313
HENNEPIN COUNTY, MINNESOTA
M LY LINE OF
LOT ,ALAKE
SUB. NO. 313
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PER DESCRIPTION
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Exhibit B
-7AL DESCRIPTION OF PREMISES :