97-064
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CITY OF SHOREWOOD
RESOLUTION NO. 97-64
A RESOLUTION GRANTING A SETBACK VARIANCE
TO RICHARD HOYT
WHEREAS, RICHARD HOYT (Applicant) is the owner ofreal property located at 5710
Ridge Road, in the City of Shorewood, County of Hennepin, legally described as:
"Lot 2, Block 1, Silver Ridge"; and
WHEREAS, in June of 1994 the Applicant caused to be constructed a deck and screen
porch, for which he did not obtain a building permit as required by Shorewood City Codes; and
WHEREAS, the deck and screen porch were constructed within the shoreland setback
and only six feet from the shoreline of Christmas Lake; and
WHEREAS, The Applicant then applied for a setback variance to allow the deck and
screen porch to remain on the property, which variance amounts to 69 feet; and
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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 28
November 1995, 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 5 December 1995, 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 22 April 1996, 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;
and
WHEREAS, the Applicant then requested that his application be referred back to the
Planning Commission with proposed revisions; and
WHEREAS, the Planning Commission, at its 7 May 1996 meeting, considered revisions
to the original application which revisions proposed removal of existing stairway structures, an
existing boathouse near the lake, and portions of the deck and screen porch in question; and
WHEREAS, the revised request was reconsidered by the City Council at its regular
meeting on 28 May 1996 at which time the minutes of the Planning Commission were reviewed
and comments were heard by the Council from the City staff.
WHEREAS, upon referral back to the Planning Commission, a public hearing was held
and the application was reviewed by the Planning Commission at its regular meeting on 5 August
1997, the minutes of which meeting are on file at City Hall; and
WHEREAS, the revised request was again reconsidered by the City Council at its regular
meeting on 11 August 1997 at which time the minutes of the Planning Commission were reviewed
and comments were heard by the Council from the City staff.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
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1. That the Applicant's property is located in an R-INS, Single-family
ResidentiallShoreland zoning district and contains approximately 2.39 acres.
2. That the site is characterized by steep topography and heavy vegetation along the
west side of the lot adjoining Christmas Lake.
3 . That the property is occupied by the Applicant's home, a dock, a stairway system
leading to the lake, a mechanical lift system providing access to the lake, and a nonconforming
accessory building near the lakeshore.
4. That the Applicant has caused to be constructed a 24' x 24' deck with a screen
porch, which deck is located within the 75-foot shoreland setback for Christmas Lake, six feet
from the ordinary high water level.
5 . That the deck was built without the owner having first obtained a building permit as
required by Shorewood City Codes.
6. That the Applicant has provided photographs of decks and other structures which
have been built near the shoreline of Christmas Lake on other lots.
7. That the Applicant has agreed to remove the existing stairway system, the existing
accessory building, an existing holding tank, the new screen porch and a portion of the new deck.
8 . That the surface area of the items referenced in 7. above equals or exceeds the area
of the subject deck.
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9.
the lake.
That the Applicant has landscaped the new deck so as to screen it from view from
CONCLUSION
A. That the Applicant has satisfied the criteria for the grant of a variance under Section
1201.05 of the City Code and has established an undue hardship as defined by Minnesota Statutes
Section 462.375, Subd. 6(2).
B . That based upon the foregoing, the City Council hereby grants the Applicant a 69-
foot setback variance from the ordinary high water level of Christmas Lake for the purpose of
keeping the new deck.
D. That this approval is conditioned upon the Applicant removing the following items
by 31 March 1998:
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1 . The new screen porch on top of the deck.
2. The easterly four feet of the deck.
3 . The existing building and steel holding tank near the lake.
4. The stairway system adjacent to the northerly boundary ofthe property.
E. That this resolution will not be in effect until the Applicant has provided evidence
that litigation between the parties involving this matter has been dismissed with prejudice.
F. 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.
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ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 11th day of August,
1997.
ald
(~
s C. Hurm
Administrator/Clerk
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