01-036CITY OF SHOREWOOD
• RESOLUTION NO. 01-036
A RESOLUTION DENYING AN APPEAL BY JAMES RUSSELL
REGARDING AN INTERPRETAION OF THE ZONING CODE
WHEREAS, James Russell (Appellant) is the owner of real property located at 26080
Birch Bluff Road, in the City of Shorewood, County of Hennepin, legally described as:
"The east half of Lot 22, Birch Bluff Upper Lake Minnetonka, Hennepin County,
Minnesota"; and
WHEREAS, the Appellant desires to repair the damaged roof and replace the
foundation on the existing dwelling located on the property; and
WHEREAS, the Zoning Administrator for the City of Shorewood advised the
Appellant that he would need to obtain a setback variance in order to replace the existing
foundation on the dwelling; and
WHEREAS, the Appellant filed an application appealing the Zoning Administrator's
interpretation of the Shorewood Zoning Code, which determined that a variance was
necessary; and
• WHEREAS, the Appellant's application was reviewed by the Zoning Administrator
and his recommendations have been set forth in a memorandum to the Planning Commission,
Mayor and City Council, dated 1. March 2001; and
WHEREAS, a public hearing was held and the Appellant's application for an appeal
was reviewed by the Planning Commission on 6 March 2001, the minutes of which meeting
are on file at City Hall; and
WHEREAS, the Appellant's request was considered by the City Council at their
regular meeting on 11 June 2001, at which time the Zoning Administrator'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 Appellant's property is located in an R-1C/S, Single -Family
Residential/Shoreland zoning district which requires a 35-foot front yard setback, a 35-foot
setback on the side yard abutting the Third Street right-of-way, a 10-foot side yard setback on
the east side of the lot and a 50-foot setback from the ordinary high water level of Lake
Minnetonka.
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2. The Appellant's existing dwelling encroaches into the 35-foot setback from the
Third Street right-of-way, constituting a nonconforming structure in the RAC/S zoning
• district.
3. The Appellant proposes to raise the existing dwelling from its current
foundation and replace the old foundation with a new one.
4. The Shorewood Zoning Code imposes restrictions on the enlargement,
extension, or structural alteration of nonconforming structures.
CONCLUSION
1. The City Council has determined that the replacement of the existing
foundation constitutes a structural alteration.
2. The City Council concurs with the interpretation of the Zoning Administrator
and that the Appellant must obtain a variance in order to replace the existing foundation.
3. The Appellant's appeal is hereby denied.
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ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 25th day of
June 2001. '
•
WOODY LOVE, MAYOR
ATTEST:
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CRAIGX DA N, ADMINISTRATOR/CITY CLERK
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