96-051
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CITY OF SHOREWOOD
RESOLUTION NO. ~:iL_
A RESOLUTION GRANTING A SETBACK VARIANCE FOR RON BORN
WHEREAS, Ron Born (the Applicant) is the owner of real property located at 4865
Ferncroft Drive in the City of Shorewood, said property legally described as:
"Lots 8, 9, 10, 11, and 12, Block 8, Minnetonka Manor, Hennepin County, Minnesota,
according to the recorded plat thereof'; and
WHEREAS, the Applicant wishes to build a detached garage 10 feet from the
southeasterly boundary of the property, which boundary abuts a platted street right-of-way
classified in the Shorewood Zoning Code as a Class I "Fire Lane"; and
WHEREAS, the property is zoned R-ID/S, Single-family ResidentiallShoreland, which
zoning district requires a 30-foot setback abutting a street right-of-way, and the Applicant has
requested a 20-foot setback variance to build the garage; and
WHEREAS, the Applicants' request was reviewed by the City Planner and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
2 May 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 7 May 1996, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicants' request for a variance was considered by the City Council at
its regular meeting on 28 May 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 subject property is located in an R-lD/S, Single-Family
ResidentiallShoreland zoning district and contains approximately 42,285 square feet of area.
2. That the subject property is occupied by the Applicant's existing home and a
nonconforming utility shed, which shed is located too close to the side lot line and which the
Applicant has agreed to remove as part of his variance request.
3. That the subject property abuts a platted street right-of-way, which has been
classified in the Shorewood Zoning Code as a Class I Fire Lane.
4. That in 1988 the City of Shorewood conducted a study of existing fire lanes within
the community, which study concluded that fire lanes would be retained by the City and classified
according to their historical uses.
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5. That the fire lane abutting the Applicant's property was set aside for drainage
purposes and not as a city street.
6. That the Applicant proposes to convert an existing tuckunder garage on the property
to living space.
7. That due to the topography of the subject property the proposed location for the
garage is the most suitable location to build it.
8. That the proposed garage will be 63 feet from Ferncroft Drive and 90 feet from Ivy
Lane.
CONCLUSIONS
A. The Applicant has established an undue hardship and has satisfied the criteria for
the grant of a variance under the appropriate sections of Minnesota Statutes and the Shorewood
City Code.
B. Based upon the foregoing, the City Council hereby grants the Applicant's request
for a setback variance to build a detached, single-story garage 10 feet from the southeasterly
boundary of the property.
C. This approval is subject to the following conditions:
1 . The Applicant must provide an estimate for removal of the shed and closing
up the opening of the existing tuckunder garage.
2. The Applicant must post an escrow based upon 1. above to guarantee
completion of the garage conversion and shed removal within six months.
D. That the City Administrator/Clerk is hereby authorized and directed to provide the
Applicants with 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 10th day of June,
1996.
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Robert B. Bean, Mayor
ATTEST:
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