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95-094 ... . CITY OF SHOREWOOD RESOLUTION NO.95-94 A RESOLUTION GRANTING VARIANCES TO JOHN HUNNER WHEREAS, John Hunner (Applicant) is the owner of real property located at 20625 Radisson Road, in the City of Shorewood, County of Hennepin, legally described as: "Tract B, Registered Land Survey Number 550"; and WHEREAS, the subject property does not comply with R-IC/S zoning district requirements for width, area, side yard setbacks, lake setback and hard surface coverage; and WHEREAS, the Applicant proposes to replace the flat roof of the existing home with a gable roof system; and WHEREAS, the Applicant has applied for a variance to structurally alter a nonconforming structure; 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 29 August 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 September 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 25 September 1995, 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 existing home on the property is located 5.5 feet from the east side of the lot, 13.5 feet from the west side of the lot, 148 feet from the front of the lot, and 15 feet from the Ordinary High Water Level (O.H.W.L.) of Christmas Lake. 2. That the property is located in the R-IC/S, Single-Family ResidentiallShoreland zoning district, which requires the following setbacks: a. Front- b. Side- c. O.H.W.L.- 35 feet 30 feet total with no one side less than 10 feet 75 feet . 3. That the subject property contains 12,268 square feet of area, is 61 feet wide at the building line, and drops off steeply toward Christmas Lake. 4. That the existing home was originally built as a boathouse for the Old Radisson Inn which once occupied the area in which the site is located. .. . . . .. 5 . That the house contains approximately 1235 square feet of area on each of two levels, and that building a new roof will not increase the floor area of the structure. 6. That the Applicant proposes to replace an existing detached garage on the property with a new 22' x 50' detached garage. 7. That the Applicant will modify the existing driveway, removing portions which encroach onto the property to the east. 8 . That the proposed improvements result in a net four percent reduction in impervious surface on the property. 9. That Section 1201.03 Subd. 1.j. of the City Code states: "Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or the nonconformity." CONCLUSION A. That the Applicant has satisfied the criteria for the grant of a variance under Section 1201.05 of the City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.375, Subd. 6(2). B . That based upon the foregoing, the City Council hereby grants the Applicant a variance to alter a nonconforming structure. C. That this approval is conditioned upon the following: 1 . Trees located on the south side of the house may be trimmed during construction of the roof but must otherwise be protected from damage. 2. The existing large tree which will be removed to accommodate the new garage shall be replaced with three, two and a half inch trees to be approved by the Zoning Administrator. 3 . If the new garage is proposed to be built before the old one is torn down and the excess pavement is removed, the Applicant will provide a cash escrow or letter of credit prior to issuance of the building permit to ensure that the improvements are completed within six months. D. That the City Administrator/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 9th day of October, 1995. /j " ~~~~~{- Robert B. Bean, Mayor es C. Hurm Administrator/Clerk - 2-