87-083
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RESOLUTION NO. 83-87
A RESOLUTION GRANTING A VARIANCE TO MIKE McDONALD
TO ADD ON TO A NON-CONFORMING STRUCTURE
GRANTING A SETBACK VARIANCE THEREFOR
WHEREAS, Mike McDonald (Applicant) is the owner of real property
located at 4695 Lagoon Drive, City of Shorewood, County of Hennepin, State
of Minnesota, legally described in Exhibit A, attached hereto and made a
part hereof; and
WHEREAS, Applicant has an existing single-family dwelling on
property extending into the front-yard setback area; and
WHEREAS, Applicant has applied for a variance to expand the
existing structure by jacking up the existing building and building a
basement under the house, thus increasing the non-conformity of the
building; and
WHEREAS, a public hearing was held and the application reviewed
by the Planning Commission on 13 July 1987, and the Commission recommended
to grant the variances requested.
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 a R-1C zoning
district and is also subject to shoreland management regulations.
2. That the property on which the existing building is located
is a peninsula of land which extends into a small lagoon on Lake
Minnetonka. The configuration of the lot and proximity to the lakeshore
make the lot virtually unbuildable.
3. That the proposed expansion of the building will increase the
height of the building but will not further extend the building into the
setback areas.
4. That any addition to a non-conforming structure which
increases the non-conformity requires a variance pursuant to the Shorewood
City Code. .
5. That inasmuch as approximately 46% of the existing house
encroaches into the required setback, the Applicant requires a variance to
increase the non-conformity of the existing non-conforming structure by
building a basement thereunder.
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6. That Applicant has no alternative location for the proposed
addition to the building.
7. That the proposed addition to the building will have no
adverse effect on the _rleighboring properties.
CONCLUSIONS
1. That due to the configuration of the lot and proximity to the
lakeshore, the proposed plan of building a basement under the existing
structure would appear to be the most appropriate manner in which to
increase the livable space.
2. That the Applicant has no al ternati ve means of achieving a
reasonable use of the property under the terms of the zoning code.
3. That the Applicant has satisfied the criteria for the grant
of variances under Section 1201.05 of the Shorewood City Code and has
established an undue hardship as defined by M.S. Section 462.357, Subd.
6 (2) .
4. That based upon the foregoing, the City Council hereby grants
the Applicant's request for a variance as set forth hereinabove.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of
July, 1987.
Robert Rascop, Mayor
A'l"l'EST:
Sandra L. Kennelly, City Clerk
Roll Call Votes:
Ayes - Rascop, Brancel, Gagne, Haugen, Stover