98-102
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CITY OF SHOREWOOD
RESOLUTION NO. 98--.10.2-_
A RESOLUTION GRANTING A SETBACK VARIANCE
TO KIRK DAVIS
WHEREAS, Kirk Davis (Applicant) is the owner of real property located at 5935
Seamans Drive, City of Shorewood, County of Hennepin, State of Minnesota, legally described in
Exhibit A, attached hereto and made a part hereof;
WHEREAS, the Applicant has an existing single-family dwelling, which dwelling is
located approximately 54 feet from the rear lot line; and
WHEREAS, the Applicant has applied for a 16- foot variance to construct an addition on
the east side of the building; and
WHEREAS, the Applicant's request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 30 September 1998, 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 6 October 1998, the minutes of which
meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on 26
October 1998, 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 14-foot variance to construct the addition.
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-IA, Single-Family Residential zoning
district which requires a 50-foot setback from the rear property line.
2. That the existing building on the property is located approximately 54 feet from the
rear property line, and that an existing deck on the rear of the existing building is approximately 44
feet from the rear property line.
3 . That the existing home was built in 1969.
4. That a boundary line discrepancy which was finally resolved in 1991 resulted in the
subject property having approximately 16 feet less depth than originally known to be.
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5. That structures located on the lot immediately south of the subject property are as
close as 23.5 feet from the rear property line, and the average rear yard setback for the two
adjoining properties is approximately 36 feet.
6. That the property located to the east of the subject property is used as a golf course.
CONCLUSIONS
1. That the Applicant has satisfied the criteria for the grant of a 14-foot 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 Applicant a
setback variance of fourteen feet.
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 23rd
day of November, 1998.
{/~
JAMES
ATTEST:
AYOR
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Existing Legal Description
The North 1 acre, "except" the Soufh iJfeet of r"ot 70,A'udi"-tor's Subdivision
Number 133, Hennepin County, Minnesota.
That part of Lot 69, Auditor's Subdivision Number 133, Hennepin County, Minn-
esota, lying Southerly of a line drawn from a point on the East line of said
lot, distant 34.03 feet North from the Southeast corner of said lot, to a
point on the West line of said lot distant 22 feet North from the Southwest
corner of said lot.
e:he North 154.23 feet of the South 563.47 feet of the most Westerly 14 feet
of Lot 50 as measuted along and at right angles to the most Westerly line of
",said I.,ot 50, AUS,~,t:O!'~ Subdivision One Hundred Thirty-Three (133), Hennepin
County, Minnesota, accorcfiii-g to the plat thereof" on 'file or of record in the
office of the Registrar of Title~ in and ~or said CQunty.
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Exhibit A