95-084
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CITY OF SHOREWOOD
RESOLUTION NO. 2.~=-~~_
A RESOLUTION GRANTING A SETBACK VARIANCE
TO RICHARD KOWALSKY
WHEREAS, Richard Kowalsky is the owner of real property located at 5740
Christmas Lake Point, in the City of Shorewood, County of Hennepin, State of Minnesota,
legally described as:
"Tract D, Registered Land Survey No. 407"; and
WHEREAS, the Applicant was granted a setback variance on 10 April 1995 to
build a detached garage on the property; and
WHEREAS, the Applicant now proposes to move the garage so as to save a large,
old basswood tree on the property; and
WHEREAS, the Applicant has requested a revision to the variance previously
granted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1 . That the proposed garage location would be approximately 40 feet from the
ordinary high water level of Christmas Lake, no closer than the variance granted in
Shorewood Resolution No. 95-27 on file at the Shorewood City Hall.
2. That the relocation of the proposed garage will reduce impervious surface
on the property by as much as 150 square feet.
3 . That the proposed relocation of the garage is consistent with the variance
granted in Shorewood Resolution No. 95-27.
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 setback variance to build a detached garage.
C. That this approval is conditioned upon the Applicant installing temporary
fencing around the dripline of the tree to be protected, prior to construction of the garage.
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D. That the City Administrator/Clerk is hereby authorized and directed to
provide the Applicant 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 11th day of
September, 1995.
ATTEST:
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Robert B. Bean, Mayor
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