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96-118 . . . .. CITY OF SHOREWOOD 96-118 RESOLUTION NO. A RESOLUTION GRANTING A VARIANCE TO THE SHORELAND DISTRICT HARDCOVER REQUIREMENTS TO JON MILLER WHEREAS, Jon T. Miller (Applicant) is the owner of real property located at 21125 Minnetonka Boulevard, in the City of Shorewood, County of Hennepin, legally described as: "Lots 13, 14, and 15, Block 12, Minnetonka Manor, Hennepin County, Minnesota." WHEREAS, the Applicant has applied to the City for a variance to the maximum hardcover requirements of the Shoreland District to construct a single-family residence; 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 4 November 1996, 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 6 November 1996, 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 25 November 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the property is located in the R-ID/S, Single-Family ResidentiallShoreland zoning district and contains approximately 17,360 square feet of area. 2. That the R-ID/S district limits the amount of hardcover or impervious surface on Shoreland District lots to 25 percent. 3. That the Applicant's plans propose to cover approximately 5965 square feet of the lot (34.4 percent) with impervious surface. 4. That the lot is characterized by steep topography on its east side, abutting Minnetonka Boulevard, which currently creates erosion problems. 5 . That the slope of the property necessitates a driveway design which covers approximately 3450 square feet of the lot, in order to maintain a safe grade on the driveway. 6. That the Applicant's plans include replacement of trees, consistent with Shorewood's Tree Preservation and Reforestation policy, plus significant landscaping around the proposed residence. . . . ., 7 . That the proposed home has been designed with a tuckunder garage to minimize the amount of hardcover on the site. 8. That the Applicant's proposed plans comply with the setback requirements of the R- ID/S zoning district. 9. That the Zoning Code cites exceptional topographic conditions as a physical constraint which may justify the granting of a variance. 10. That the topography of the lot was not created by the Applicant. CONCLUSIONS 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). 2. That based upon the foregoing, the City Council hereby grants the Applicant's request for a variance to cover approximately 34.4 percent of the lot to construct a single-family residence on the lot. 3. That the granting of the variance is subject to the following conditions: a. The Applicant's plans for grading, drainage and erosion control must be approved by the City Engineer. b. The Applicant must complete his proposed landscaping by 16 December 1997. 4. That the City 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 16th day December 1996. j /1 -F6 le 'if"'" !. ,'! '--- i~~ucl"Il, ~1,,-- Robert B. Bean, Mayor ATTEST: /1 I I ~1VJ C ,~ JUS C. Hurm, City Administrator/Clerk 2