01-056• CITY OF SHOREWOOD
RESOLUTION NO. 01-056
A RESOLUTION GRANTING A SETBACK VARIANCE
TO JAMES RUSSELL
WHEREAS, James Russell (Applicant) is the owner of real property located at
26080 Birch Bluff Road, City of Shorewood, County of Hennepin, State of Minnesota, legally
described as:
"The east 75.00 feet of Lot 22, BIRCH BLUFF UPPER LAKE MINNETONKA,
Hennepin County, Minnesota."
WHEREAS, the Applicant has an existing single-family dwelling, which dwelling is
located approximately six feet from the right-of-way of Third Street, and constitutes a
nonconforming structure; and
WHEREAS, the Applicant has applied for a variance to structurally alter the home by
constructing a new foundation under it; and
WHEREAS, the Applicant's request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 3 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 7 August 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 27
August 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-1C/S, Single -Family
Residential/Shoreland zoning district, which requires a 35-foot setback from public right-of-way.
2. The existing house on the property was built in the late 1800's and is located
approximately six feet from the right-of-way of Third Street.
•
• 3. Two small accessory structures on the property encroach into the public rights -of -
way of Third Street and Birch Bluff Road.
4. The roof of the existing home has been damaged by a storm and is in need of
repair.
5. The Applicant proposes to build a new foundation under the existing home,
remove the existing carport on the west side of the home, remove one of the nonconforming
accessory buildings and construct a new garage on the property.
6. The driveway access to the subject property is located on the Third Street right -of -
,ME
7. The Applicant proposes to remove approximately 40 percent of the driveway.
located in the Third Street right-of-way at such time as the new garage is built.
8. The Applicant's plans result in a hardcover ratio of approximately 23.7 percent.
CONCLUSIONS
1. That 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 a
variance to structurally alter the existing home and build a new garage as shown on Exhibit A,
attached hereto and made a part hereof, subject to the following conditions:
a. The existing carport and the shed near the carport must be removed in conjunction
with the construction of the new foundation.
b. The Applicant must obtain a permit for incidental use of the public right-of-way
in order to keep a driveway in the right-of-way until 31 October 2003, or until a
new garage has been constructed on the site, whichever comes first. After 31
October 2003 or the new garage is built, the property owner must construct a
driveway on the subject property in compliance with City zoning requirements.
In repairing the damaged roof on the home, the Applicant may extend the dormer
on the lake side of the structure and replace the shed dormer on the front of the
home with a dormer gable.
-2-
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 27th day of
August 2001.
WOODY LOVE, MAYOR
ATTEST:
CRAI . VAWv§ON, CITY ADMINISTRATOR/CLERK
-3-
� I
Ut
p' • tat:'mot 3 l ocfobe r'-2Oo3
I 2. L I
E I I a r ,e hot
:b ':Y•
• rr`
♦v I
I 9 �hr,L
I
o � i
I
s �Q ai
a � `
43
_I
tl
rffi&loan
Ruma
ry