00-085
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CITY OF SHOREWOOD
RESOLUTION NO. 00-085
A RESOLUTION GRANTING A VARIANCE TO LEN TWETAN
TO ADD ON TO A NONCONFORMING STRUCTURE
WHEREAS, Len Twetan (Applicant) is the owner of real property located at
26300 Smithtown Road, City of Shorewood, County of Hennepin, State of Minnesota,
legally described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, Applicant has an existing single-family dwelling, which dwelling is
located entirely within the front and side setback areas required by the R-IA zoning
district; and
WHEREAS, Applicant has applied for a variance to construct an addition on the
north side of the house consisting of a family room addition and attached garage;
WHEREAS, Applicant has applied for a variance to construct a porch addition on
the north side of the house that extends into the 50-foot setback from Smithtown Road.
WHEREAS, the Applicant's request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 26 July 2000, 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 1 August 2000, the
minutes of which meeting are on file at City Hall; and
WHEREAS, the Applicant appeared before the City Council at a regular meeting
of the Council held on 28 August 2000, 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
WHEREAS, the City staff was directed by the City Council to prepare a
resolution setting forth Findings of Fact and Conclusions approving the Applicant's
request for a variance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
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1. That the subject property is located in an R-1A, Single-Family Residential
zoning district which requires 50 foot setbacks from the rights-of-way for Smithtown
Road and Grant Lorenz Road.
2. That the existing building on the property is located entirely within the
required setback area and is therefore a nonconforming structure.
3. That the proposed addition on the north side of the home will extend
approximately four (4) feet into the setback area, and the porch addition at the south side
of the existing building will extend to within thirteen (13) feet of Smithtown Road, both
of which additions will increase the nonconformity of the structure.
4. That any addition to a nonconforming structure which increases the
nonconformity requires a variance pursuant to the Shorewood City Code.
5. That the addition on the north side of the house and porch on the south
side of the building have been designed as an integral part of the existing home and the
building is architecturally appropriate for the area.
6. That the Applicant has agreed to remove a nonconforming deck located on
the east side of the house, the area of which deck is greater than the area of the proposed
. porch addition.
7. That the additions proposed by the Applicant constitute a reasonable use
of the property and would have minimal impact on the neighboring properties.
CONCLUSIONS
1. That the Applicant has satisfied the criteria for the grant of variances 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 the
Applicant's request for variances as set forth hereinabove, subject to the applicant
removing the nonconforming deck on the east side of the house.
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.
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ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th
. day of September, 2000.
WOODY LOVE, MAYOR
ATTEST:
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Legal Description
"The south 150 feet oflot 87, AUDITOR'S SUBDIVISION NUMBER 133, Hennepin County,
Minnesota. "
Exhibit A