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96-011 . . . \.. CITY OF SHOREWOOD RESOLUTION NO. 96-11 A RESOLUTION GRANTING A SETBACK VARIANCE TO KARLA PETERSON WHEREAS, Karla Peterson (Applicant) is the owner ofreal property located at 21095 Forest Drive, in the City of Shorewood, County of Hennepin, legally described as: "Lots 3,4,5, and 6, Block 10, Minnetonka Manor, Hennepin County, Minnesota." WHEREAS, the Applicant has applied to the City for a setback variance to construct an enclosed wheelchair ramp; 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 3 December 1995, 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 5 December 1995, 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 8 January 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 Shore wood as follows: FINDINGS OF FACT 1. That the house on the property was built prior to current zoning requirements and does not conform to current front yard setbacks for the R-ID, Single-family Residential District in which it is located. 2. That the existing detached garage on the property is located entirely within the rear yard setback area. 3. That the property in question contains approximately 31,097 square feet in area and is occupied by numerous mature hardwood trees. 4. That in order to attach the enclosed wheeJchair ramp to the existing garage the ramp will encroach 30 feet into the rear yard setback. . . . 5. That moving the existing garage would necessitate the removal of additional large trees on the lot. 6. That the Applicant has submitted a landscape plan which buffers the proposed structure from adjoining properties. 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 an enclosed wheelchair ramp, the southern 30 feet of which will encroach into the rear yard setback. 3. That the variance is granted subject to the Applicant installing landscaping as shown on the approved landscape plan on file in the Shorewood City Hall. 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 22nd day January 1996. ATTEST: i .-', / 1/.) i) C::>., .,' (. ,.ctt;'.L.>L'--1t'J j.::J<:(<'l,-- Robert B. Bean, Mayor IJVif'I1 -2-