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96-070 . . . CITY OF SHOREWOOD RESOLUTION NO. 96-70 A RESOLUTION GRANTING A SETBACK VARIANCE TO WILLIAM JENSEN WHEREAS, William Jensen (Applicant) is the owner of real property located at 4880 Rustic Way, in the City of Shorewood, County of Hennepin, legally described as: "Lots 5,6 and 7, Minnetonka Manor, Hennepin County, Minnesota." WHEREAS, the Applicant has applied to the City for a setback variance to construct an upper level room addition; 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 RESOL YED 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 ResidentiaVShoreland zoning district and contains approximately 37,395 square feet of area. 2. That the R-ID/S district requires a total side yard setback of30 feet with no one side being less than 10 feet. 3. That the Applicant's existing home is nonconforming in that it is only 8.75 feet from the northwesterly lot line. 4. That the Applicant proposes to extend the pitched roof of his house over an existing tuckunder garage, which now has a flat roof The Applicant wishes to add a room over the existing garage, while at the same time correcting existing drainage problems with the roof . . . .. ~ 5. That the Applicant's property is situated to one side of the property, similar to other lots in the neighborhood 6. That the property tapers toward Lake William and the resulting angle of the lot line necessitates the side yard setback variance. 7. That the Zoning Code cites shape of property as a physical constraint which may justify the granting of a variance. 8. That the lot configuration 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 construct a room addition which will be 8.75 feet from the side 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. ') I ' .../....../ I)' ")) . - .' ("-fJ'-VU-Y}0, 2L-~~. t." Robert B. Bean, Mayor ATTEST: -2-