87-078A
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II
RESOLurICN ID. 78-87
WHEREAS, J. Brooks Hauser and Peggy Hauser have applied for a
variance for the improvement of property owned by them at 27190 Edgewood Road
in the City of Shorewood, legally described in Exhibit A, attached hereto;
and
WHEREAS, such application seeks approval for the placement of
fill on the property within twenty (20) feet of the shoreline; and
WHEREAS, Shorewood "Shore land District" ordinance provisions
prohibit the grading or filling of land within twenty (20) feet of the nonnal
high water mark; and
WHEREAS, a Pub I ic Hearing was held and the appl ication reviewed
by the Plarming Corrrnission on May 19, 1987; and
WHEREAS, a further review of the application was had before the
City Council at their regular meeting held on May 26, 1987; and
WHEREAS, the City Attorney was directed by resolution of the
Council to prepare a resolution setting forth Findings of Fact and
Conclusions approving applicant's request for said variance.
N:lV, 'lHEREFORE, BE IT RESOLVED by the Ci ty Council of the City of
Shorewood:
FINDINGS OF FACl'
1. That the subject property is located in a R-lA "Shore I and
District."
2. That Shorewood Ordinance No. 168, Section 200.26, Subd. 7
b(l)(h) states, "No grading or filling shall be pennitted within twenty (20)
feet of the nonnal high water mark of a water body."
3. That the applicant has presented a landscaping plan for
grading, fi 11 ing, and plantings and has obtained a penni t from the Minnehaha
Creek Watershed District to allow rip-rapping of the shoreline.
4. That the lawn area along the lakeshore had been previously
pocked with holes and irregularities which constituted a hazardous and an
unsightly condition in the area.
5. That the filling of such holes has served to create a safer,
more attractive, and properly drained lawn.
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<XNCLUSICNS
1. That the variance requested concerning the placing of fi 11
within twenty (20) feet of the shoreline will constitute an improvement to
the property and to the area.
2. That the applicant has establ ished that an undue hardship, as
defined by Minnesota Statutes, would exist had the variance not been granted.
3. That based upon the foregoing, the Ci ty Council concludes
that the applicant's variance request, as set out hereinabove, be and hereby
is granted, subject to the following conditions:
a. That all benns be at least 20' from the lakeshore.
b. That a schedule be provided the City for completion of the
irnprovement s.
c. That the driveway have an inverted crown, wi th drainage
running to a catch basin and clean-out.
d. That the drainage plan, including profiles and
cross-sections, be submitted to and approved by the City
Engineer.
e.
That the exist ing fi 11 be covered by 2" of black dirt, but
no more fill be placed on the property without approval of
the Ci ty.
f. That the applicant appoint one individual to work wi th the
City to coordinate all site work.
AOOPrED BY 1HE CI'lY CXXJNCIL of the Ci ty of Shorewood this aef- day of
JIA-:) P , 1987. -
Robert Rascop, Mayor
ATrEST:
Sandra L. Kennelly, City Clerk
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IDVARD' S POINT
That part of Lot 15 lying Southeasterly of a line parallel
with and distant 205.07 feet Southeasterly as measured at
right angles from the Northwesterly line of Lot 14 and its
Southwesterly extension.
EXHIBIT A