98-043
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CITY OF SHOREWOOD
RESOLUTION NO. 98 -043
A RESOLUTION GRANTING A SETBACK VARIANCE
TO DA VID PECK AND DIANE RANKIN
WHEREAS, David Peck and Diane Rankin (Applicants) are the owners of real
property located at 5575 Sylvan Lane, City of Shorewood, County of Hennepin, State of
Minnesota, legally described as:
"Lot 4, Block 1, Birch Bluff Woods"; and
WHEREAS, the Applicants have an existing single-family dwelling, which
dwelling is located approximately 5.5 feet into the required setback from Wild Rose
Lane; and
WHEREAS, the Applicants have applied for a 5.5-foot variance to construct an
addition above the existing garage on the south end of the building, and a 12.5-foot
variance to construct an additional garage space on the south end of the existing building;
and
WHEREAS, the Applicant's request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 16 April 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 21 April 1998, the
minutes of which meeting are on file at City Hall; and
WHEREAS, David Peck appeared before the City Council at a regular meeting
of the Council held on 27 April 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 as much as an eight-
foot variance for the property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
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FINDINGS OF FACT
1. That the subject property is located in an R-1A, Single-Family Residential
zoning district which requires a 50-foot setback from the public right-of-way.
2. That the existing building on the property is located approximately 5.5 feet
into the required 50-foot setback from Wild Rose Lane and is therefore a nonconforming
structure.
3. That an existing tennis court on the property is located approximately 30
feet into the required 50-foot setback from Wild Rose Lane.
4. That the right-of-way for Wild Rose Lane adjacent to the property is 66
feet wide, rather than the normal 50 feet required for local streets in Shorewood.
5. That if eight feet of right-of-way on Wild Rose Lane was vacated by the
City, the applicants could build the room addition above the existing garage in
compliance with R-1A setback requirements.
6. That the extraordinary right-of-way width for Wild Rose Lane creates an
undue hardship for the Applicants' property, preventing them from enjoying the same
rights as similar properties within the R-1A zoning district.
7. That the City Council is willing to consider vacating as much as eight feet
of right-of-way for Wild Rose Lane, and that the Applicants have agreed to pay the City's
expense in researching such a vacation.
CONCLUSIONS
1. That the Applicant has satisfied the criteria for the grant of an eight-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
Applicants a setback variance of eight feet, subject to the following:
a. The Applicants must petition the City to vacate eight feet of right-of-way
on Wild Rose Lane.
b. The Applicants agree to escrow sufficient money to cover the City's
estimated cost of researching the aforementioned right-of-way vacation.
c. That the Applicants will revise their plans to comply with the eight-foot
variance approval.
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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 11 th
day of May, 1998
ATTEST:
C. HURM, CITY ADMINISTRATOR/CLERK
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