96-071
..,
.
CITY OF SHOREWOOD
RESOLUTION NO. 96-71
A RESOLUTION GRANTING A SETBACK VARIANCE
TO CHERYL JOHNSON
.
WHEREAS, Cheryl Johnson (Applicant) is the owner of real property located at 5785
Eureka Road, in the City of Shorewood, County of Hennepin, legally described as:
"The south 225 feet of Lot 4, EUREKA, Hennepin County, Minnesota."
WHEREAS, the Applicant has applied to the City for a setback variance to construct a
detached garage; 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
20 June 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 2 July 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 22 July 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-IA, Single-Family Residential zoning district
which requires a 50-foot front yard setback and a 50-foot rear yard setback.
2. That the subject lot was created prior to current zoning standards and is substandard
in depth and area.
3.
standards.
That the configuration of the lot would not be approved by the City under current
4. That the Zoning Code cites shallowness and shape of property as physical
constraints which may justify the granting of variances.
5 . That the shallowness of the property results in the front and rear yard setbacks
overlapping which necessitate a variance to build anything on the property.
6. That the lot configuration was not created by the Applicant.
7. That the property has never had a garage on it.
.
8.
oversized.
That the proposed garage is a standard size for two cars and is not in any way
.
.
.
9. That the Applicant has located the garage so as to comply with the minimum lO-foot
side yard setback requirement
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 construct a detached garage, the back of which will be 10 feet from the rear of the lot.
3 . 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 12th day August
1996.
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Robert B. Bean, Mayor
ATTEST:
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