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99-091 . . . CITY OF SHOREWOOD RESOLUTION NO. 99-091 A RESOLUTION GRANTING SETBACK VARIANCES TO SCOTT OLSON WHEREAS, Scott Olson (Applicant) has an interest in the real property located at 6125 Ridge Road, in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the property is located entirely within the bluff adjacent to Silver Lake; and WHEREAS, the Applicant proposes to demolish an existing home on the property and replace it with a new home; and WHEREAS, the Applicant has applied to the City for a front yard setback variance and a variance from the bluff setback requirement in order to build the new home; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 2 September 1999, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 7 September 1999, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 27 September 1999, at which time the Planner'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. That the lot contains 39786 square feet of area, is 175 feet wide at the building line, and is located in the R-IA1S zoning district. 2. That the existing house on the property is nonconforming with respect to bluff and front yard setback requirements. 3. That the new house, shown on Exhibit B, will comply better with the front yard setback requirement than the existing house. -1- . . . 4. That the proposed house will comply with the 150-foot setback from Silver Lake. 5. That the existing house on the property has experienced damage due to drainage problems that will be corrected by locating the new house further back from the street. 6. That strict adherence to the bluff, front yard and lakeshore setback requirements would render the lot unbuildable. CONCLUSION 1. That the Applicant has satisfied the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.375, Subd. 6(2). 2. That based upon the foregoing, the City Council hereby grants the Applicant's request for setback variances to construct a single-family dwelling as shown on Exhibit B, attached. 3. That this approval is subject to the following conditions: a. Prior to the start of any site work, including demolition of the existing house, the Applicant must erect construction limit fencing and erosion control barriers. b. The Applicant's site plan should be revised to include a combination parking space/pullout on the north end of the site. c. Site grading and drainage shall be subject to review and approval by the City Engineer. d. The Applicant must submit a landscape and tree preservation plan, prepared by a registered landscape architect for review and approval by the Zoning Administrator prior to issuance of a building permit. d. Prior to issuance of a certificate of occupancy for the home, the site must be landscaped per the approved landscape plan referenced in d. above. e. The Applicant must provide a plan for managing construction traffic and deliveries of materials as part of his plans for construction of the new home. 4. 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. -2- . . . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of October, 1999. ATTEST: Woody Love, Mayor -3- ~ .__~.,~_~~_1:)c~~~~r\'~ .. . . . 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, Range 23; thence North 29 degrees 19 minutes East, 668.5 feet; thence South 68 degrees 11 minutes East, 110.7 feet to the actual point of beginning of the tract of land to be described; thence North 19 degrees 32 minutes East to an intersection with a line parallel with and 150 feet Northeasterly, measured at right angles, from said 110.7 foot line bearing South 68 degrees 11 minutes East; thence North 21 degrees 49'minutes East, 25 feet; thence South 68 degrees 11 minutes East to the shore of Silver Lake; thence Southwesterly along said shore line to an intersection with a line bearing South 68 degrees 11 minutes East from the actual point of beginning; thence North 68 degrees 11 minutes West to the actual point of beginning. 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