00-084CITY OF SHOREWOOD
• RESOLUTION NO. 00-084
A RESOLUTION GRANTING A SETBACK VARIANCE
TO GREG AND MOLLY SWIRTZ
WHEREAS, Greg and Molly Swirtz (Applicants) are the owners of real property
located at 6090 Ridge Road, City of Shorewood, County of Hennepin, State of
Minnesota, legally described in Exhibit A, attached hereto and made a part hereof;
WHEREAS, the Applicants have an existing single-family dwelling, which
dwelling is located approximately five feet from the bluff on the east side of Christmas
Lake; and
WHEREAS, the Applicants have applied for a variance to construct a deck on the
rear of the existing home that would extend five feet over the edge of the bluff; and
WHEREAS, the Applicants' request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 12 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 18 July 2000, 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 July 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 a variance to
construct the deck.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the subject property is located in an R-1A/S, Single -Family
Residential/Shoreland zoning district which requires a 20-foot setback from the bluff on
Christmas Lake.
2. That the existing home on the property is located approximately five feet
from the bluff on the east side of Christmas Lake, and that the applicants propose to
• construct a 10-foot wide deck that would extend five feet over the edge of the bluff.
3. That the existing home was built prior to the adoption of the current bluff
• setback requirements.
4. That the property in question is located on the narrowest and highest
portion of a steep ridge of land between Christmas Lake and Silver Lake.
5. That the topography on the west side of the property is characterized by a
severe slope.
6. That the property is very well screened from view from Christmas Lake by
extensive tree cover on the west side of the property.
7. That the Applicants propose to cantilever the new deck so that no
excavation or disturbance of the existing bluff is necessary.
8. That portions of the house located to the north of the subject property
extend over the existing bluff line.
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 setback variance, subject to the conditions set forth in the City Plannner's
memorandum, dated 12 July 2000 and the minutes of the 18 July 2000 Planning
Commission meeting, both of which are on file at the Shorewood City offices.
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 C F SHOREWOOD
this 1 lth day of September 2000.
ATTEST: WOODY LOVE, MAYOR
BRADLEY J. SEN, kCTING CITY ADMINISTRATOR
•
t-EGAL
DESCRIPTION:
That part of Government Lot 7, Section 36, Township 117 North, Range 23 West
of the. 5th Principal Meridian, described as follows: Commencing at the
Northeast corner of Section 2, Township 116 North, Range 23 West of the 5th
Principal Meridian; thence North 29 degrees 19 minutes East a distance of
668.5 feet to the point of beginning of the land to be described, and .which
point is in a line hereinafter called the Southwesterly boundary line drawn South
68 degrees 11 minutes East; thence Southeasterly along said Southwesterly
boundary line. a distance of 110.7 feet; thence. North 19 degreees 32 minutes
East a distance of 150 feet more or less to an intesection with a line drawn
parallel to and distant at right angles 150 feet Northeasterly from the said
Southwesterly boundary line, being the Northeasterly boundary line, thence
Northwesterly along said Northeasterly boundary line a distance of 291.5 feet
more or less to the shore of Christmas Lake; thence Southwesterly along the
shore of said Lake to an intersection with the said Southwesterly boundary line
produced; thence Southeasterly along said Southwesterly boundary line to the
point of beginning. (This description assumes that the South boundary line of.
said Section 36, is a true East and West line).
ALSO that part of Government Lot 7, Section 36, Township 117, Range 23,
described as follows: Commencing at the Northeast corner of Section 2,
Township 116, Range 23; thence North 29 degrees 19 minutes East a distance
of 668.5 feet; thence South`68 degrees 11 minutes East a distance of 110.7
feet; thence North 19 degrees 32 minutes East a distance of 150 feet, more
or less to a point in a line drown parallel with and distant 150 feet
Northeasterly measured at a right angle from the aforesaid line bearing South
68 degrees 11 minutes East; thence North 68 degrees .11 minutes .West a
distance of 101.7 feet to the actual point of beginning of the tract of land to
be described; thence at a right angle Northeasterly a distance of 25 feet;
thence North 68 degrees 11 minutes West a distance of 155 feet, more or
less to the East shore of Christmas Lake; thence Southwesterly along the shore
of said Lake a distance of 25 feet more or less to a point in a line bearing
North 68 degrees 11 minutes West from the point of beginning; thence South
68 degrees 11 minutes East to the actual point of beginning. (For purposes of
this description the South line of Section 36, Township 117, Range 23 is
assumed to be due East and West line).
0 EXHIBIT A