97-035
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CITY OF SHOREWOOD
RESOLUTION NO. -21.:.lL
A RESOLUTION GRANTING A VARIANCE TO ROCKFORD W ALDIN
TO ADD ON TO A NONCONFORMING STRUCTURE
WHEREAS, Rockford Waldin (Applicant) is the owner of real property located at
5755 Merry Lane, City of Shorewood, County of Hennepin, State of Minnesota, legally
described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, Applicant has an existing single-family dwelling, which dwelling is
located entirely within the 75 foot lake shore setback area; and
WHEREAS, Applicant has applied for a variance to construct an addition at the
rear of the existing building consisting of a two-story living space addition and a three-
season porch addition on the south side of the existing building, which will lengthen the
existing three-season porch by six (6) feet, both of which are within the setback area; and
WHEREAS, the Applicant's request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 25 March 1997, 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 1 April 1997, the
minutes of which meeting are on file at City Hall; and
WHEREAS, the Applicant appeared before the City Council at a regular meeting
of the Council held on 28 April 1997, 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 the Applicant's request
for a variance.
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 a lake shore lot located in an R-IA/S, Single-
Family ResidentiallShoreland zoning district which requires a 75 foot lakeshore setback.
2. That the existing building on the property is located entirely within the
lake shore setback area and is therefore. a nonconforming structure.
3. That the proposed rear-yard addition will extend approximately nine (9) feet
into the lake shore setback, and the porch addition at the south side of the existing building
will extend approximately nineteen (19) feet into the lakeshore setback area, both of which
additions will increase the nonconformity of the structure.
4. That any addition to a nonconforming structure which increases the
. nonconformity requires a variance pursuant to the Shorewood City Code.
5 . That the two-story addition and the extended three season porch on the
south side of the building have been designed as an integral part of the existing home and
the building is architecturally appropriate for the area.
6. That due to the configuration of the lot and the location of the existing
building on the lot, the Applicant has no alternative means of achieving a reasonable use of
the property under the terms of the zoning code.
7. That the additions proposed by the Applicant constitute a reasonable use of
the property and would have minimal impact on the neighboring properties.
CONCLUSIONS
1 . That the Applicant has satisfied the criteria for the grant of variances 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 the
Applicant's request for a variance as set forth hereinabove.
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.
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ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
12th day of May, 1997
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LEGAL DESCRIPTION
"Lot 190 and that part of Lot 191, which lies southerly of the following
described line: Commencing at the northeast corner of Section 35, Township
117, Range 23, Hennepin County, Minnesota; thence south along the east line
of said Section 35 a distance of 103.00 feet; thence southwesterly
deflecting right 37 degrees, 15 minutes, 48 seconds a distance of 2224.14
feet to the point of beginning of the line to be described; thence
southeasterly deflecting left 91 degrees 22 minutes 41 seconds a distance
of 56.57 feet, thence s~u~~easterly deflec~ing right 9 degrees 55 minutes
43 seconds a distance or 148.95 feet; thence northeasterly derlecting left
68 degrees 30 minutes 21 seconds to the shoreline of Chris~uas La~e and
said line ~~ere ending, Auditor1s Subdivision Number One Hundred and
~~enty, Hennepin County, Minnesota, according to the plat thereof on file
or of record in the office or the Registrar or Titles in and for said
County. "
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EXHIBIT A