95-066
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CITY OF SHOREWOOD
RESOLUTION NO. 95-66
A RESOLUTION GRANTING A SETBACK VARIANCE
TO RICK AND MAUREEN SPENCER
WHEREAS, Rick And Maureen Spencer (Applicants) are the owners of real property
located at 4350 Dellwood Lane, in the City of Shorewood, County of Hennepin, legally described
as:
"Lot 6, Block 3, Enchanted Gardens"; and
WHEREAS, The Applicants have applied for a setback variance to build a deck and porch
located 23.6 feet from the rear lot line of the site, which variance amounts to 16.4 feet; 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 31 May
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 6 June 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 12 June 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 property contains 29,944 square feet of area and is zoned R-IC/S, Single-
Family ResidentiallShoreland district.
2. That the lot was platted prior to current zoning and subdivision controls, and due to
its frontage on Dellwood Lane has a very shallow buildable area.
3 . That the orientation of the lot is the same as the lots located to the north.
4. That the configuration and shallowness of the lot prevents the owner from making
reasonable use of the property.
5 . That the original platting of the property was not the result of any action by the
property owner.
6. That a variance as requested would not convey any special privilege to the property
owner which is not already enjoyed by adjacent properties.
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7. That a variance will not adversely affect the character of the area in which the
property is located.
8. That, based upon the City Planner's recommendation, it is appropriate to allow
construction within 10 feet of the rear property line as long as a 35-foot setback is maintained from
the east side of the property.
CONCLUSION
1 . That based upon the foregoing, the City Council hereby grants the Applicants a
variance to build within 10 feet of the northerly property line, and that such variance is conditioned
upon the owner and any future owner maintaining a 35-foot setback along the easterly property
line.
2. That the setbacks as described in 1. above are illustrated on Exhibit A, attached
hereto and made a part hereof.
3 . 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 14th day of August, 1995.
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Robert B. Bean, Mayor
ATTEST:
J
wvvVl
es C. Hurm, City Administrator/Clerk
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Exhibit A