99-050
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CITY OF SHOREWOOD
RESOLUTION NO. 99-050
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND SETBACK
VARIANCE FOR ADDITIONAL ACCESSORY SPACE TO RON LIND
WHEREAS, RON LIND (Applicant) is the owner of real property located at 26400
Strawberry Court, in the City of Shorewood, County of Hennepin, legally described as:
"Lot 1, Block 1, Shorewood Suburban Estates"; and
WHEREAS, the Applicant has applied to the City for a Conditional Use Permit and
setback variance for the construction of a detached accessory building, the area of which, when
added to other accessory space on the property, exceeds 1200 square feet; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the
construction of accessory space exceeding 1200 square feet; and
WHEREAS, the Applicant desires to build closer to the rear lot line than what is
currently allowed by the Shorewood Zoning Code and has applied for a setback variance; 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 25
May 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 1 June 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 28 June 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 subject property is zoned R-IA, Single-family Residential and contains
40140 square feet in area.
2. That the total proposed accessory space (1601 square feet) does not exceed the
floor area above grade of the principal structure (1857 square feet).
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3. That the total area of accessory space does not exceed 10% of the minimum lot
. area for the R-IA Zoning District in which it is located (4,000 square feet).
4. That design and materials of the proposed building are consistent with the
architectural character of the existing home.
5. That the applicant proposes to locate the proposed building 28 feet from the
westerly property line which does not comply with the rear yard setback requirement for the
R -1 A District.
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of the site.
That the property is a corner lot with 50-foot setbacks on the east and south sides
7. That a 50-foot drainage and utility easement occupies the north side of the property,
where the side yard setback would ordinarily be 10 feet, preventing the applicant from making
reasonable use of his property.
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).
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2. That based upon the foregoing, the City Council hereby grants the Applicant's request
for a conditional use permit and setback variance to construct a detached accessory building, no closer
than 28 feet from the westerly property line
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 12th day of July,
1999.
ATTEST:
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s C. Hurm, City Clerk! Administrator
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