87-079
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.
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RESOLurICN ro. 79-87
WHEREAS, J. Brooks Hauser and Peggy Hauser have appl ied for a
variance for the irrprovement 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 grading a 40 x 45
foot area of the subject property in a 5 to 1 slope; and
WHEREAS, Shorewood "Shore I and District" ordinance provisions
prohibit grading of property in a greater than 6 to 1 slope; and
WHEREAS, a Public Hearing was held and the application reviewed
by the Planning Comnission 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 Ci ty Attorney was directed by resolution of the
Council to prepare a resolution setting forth Findings of Fact and
Conclusions denying applicant's request for said variance.
NlV, 'lHEREFORE, BE IT RESOLVED by the Ci ty Council of the Ci ty of
Shorewood:
FINDIOOS OF FACr
1. That the subject property is located in a R-lA "Shoreland
District. "
2. That Shorewood Ordinance No. 168, Section 200.26,
Subd. 7 b(1)(g) states:
"The maxirrun slope of the finished surface which slopes
toward a water body or a water course leading to such water
body shall be six (6) units horizontal to one (1)
vertical."
3. That the applicant has presented a landscaping plan for
gradingnalld filling a 40 x 45 foot area of the subj ect property ut il i zing a
slope of five (5) units horizontal to one (1) vertical.
4. That the applicant could meet the slope requirements of the
ordinance by the construction of a berm or retaining wall on the subject
property.
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CXNCLUS leNS
1. That a reasonable use for the property exists under the
provisions of the Shorewood "Shore I and District" ordinance.
2. That the applicant has not established that an undue
hardship, as defined by Minnesota Statutes, would exist if the variance is
not granted.
3. That based upon the foregoing, the City Council concludes
that the applicant's variance request, as set out hereinabove, be and
hereby is denied.
Ji
AOOPI'ED BY 'llIE CIlY <XXJNCIL of the City of Shorewood this ~ day of
.;:)~ , 1987.
Robert Rascop, Mayor
ATl'EST:
Sandra L. Kennelly, City Clerk