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95-083 . . . CITY OF SHOREWOOD RESOLUTION NO. JJ-83_ A RESOLUTION GRANTING A SETBACK VARIANCE AND VARIANCE TO EXPAND A NONCONFORMING STRUCTURE TO STEPHEN AND JOAN OLSON WHEREAS, Stephen and Joan Olson (Applicants) are the owner of real property located at 20760 Radisson Road in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicants have an existing single-family dwelling on the property, which dwelling constitutes a nonconforming structure because it is located only 18 feet from the rear lot line and 21 feet from the Radisson Road right-of-way; and WHEREAS, the Applicants have applied for a variance to build a room addition on the east end of the house to increase the habitable space in the home; 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 19 July 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 1 August 1995, 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 August 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 subject property is located in an R-IC, Single-Family Residential zoning district and is also subject to the requirements of the "S" Shoreland (overlay) District. 2. That the subject property contains only 18,662 square feet of area and has an irregular configuration. 3 . That moving the proposed structure back on the lot would adversely affect the only private, usable part of the yard, potentially damaging existing trees on the property. 4. That structures on adjacent properties are as close as fifteen feet from the rights-of- way of Radisson Road and Radisson Entrance. . 5 . That the lot and the existing home predate the City's zoning regulations, and neither the configuration of the lot or the location of the home have been brought about by the actions of the owner. 6. That the proposed addition will be 21 feet from Radisson Road, no closer than the existing dwelling. 7. That an existing shed on the north side of the lot has been built within the lO-foot side yard setback area. CONCLUSIONS A. The Applicants have established undue hardship and have 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 Applicants' request for a setback variance to build a one-story, 16' x 26' room addition on the east end of the house. C. This approval is subject to the following conditions: 1 . The applicants must move the nonconforming accessory structure into compliance with setback requirements. 2. Prior to construction the applicants shall place temporary fencing at the dripline of the existing trees so as to protect the trees from damage. . 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 11th day of September, 1995. R}~~v- Robert B. Bean, Mayor ATTEST: . 2 . . . LEGAL DESCRIPTION: "That part of Lot 21 described as follows: Commencing at the Southwest comer of said Lot 21; thence North on West line thereof 149.14 feet, thence at right angles East 99.45 feet, thence 90 degrees left 46.52 feet to angle point in the Northeasterly line of said Lot 21, thence Southeasterly along Northeast line of said Lot 21, a distance of 124.5 feet to the most Easterly comer thereof, thence Southwesterly along the Southerly line of Lot 21,249.85 feet to beginning, Radisson Inn Addition, according to the plat thereof on file or of record in the office of the Register of Titles in and for Hennepin County, the west line of which addition has been judicially determined and marked by Judicial Landmarks, one at the northwest comer of Lot 26, of said addition and one at the meander comer in said line." Exhibit A