87-084
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RESOLUTION NO. 84-87
RESOLUTION GRANTING A VARIANCE TO PAUL SEIFERT
TO ADD ON TO A NON-CONFORMING STRUCTURE
WHEREAS, Paul Seifert (Applicant) is the owner of real property
located at 20780 Radisson Inn Road, 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 the
property which encroaches into the building setback limitation on the
northeast corner of the building; and
WHEREAS, Applicant has applied for a variance to construct an
addition to the existing building consisting of living space and a
tuck-under garage on the northeast end of the structure; and
WHEREAS, the application was reviewed by the Shorewood Planning
Commission at a public hearing held on July 7, 1987, and the Commissioner
recommended that the variance be granted.
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-1C zoning
district which requires a 40 foot rear-yard setback.
2. That the existing building on the property extends into the
rear-yard setback area and is, therefore, a non-conforming structure.
3. That the proposed addition will extend 17 feet into the
rear-yard setback area and, therefore, will increase the non-conformity of
the structure.
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 the Applicant therefore requires a variance to increase
the non-conformity of the existing non-conforming structure and a variance
of 17 feet from the rear-yard setback requirement of the zoning code.
6. That an alternative location for the proposed addition would
be on the south side of the existing building which would require an even
greater variance.
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7. That the Applicant's proposed location of the addition is in
the best possible location and will have minimal impact on the neighboring
property.
CONCLUSIONS
1. That due to the unique nature of the property and the
triangular configuration of the lot, the proposed location for the
addition would appear to be the most appropriate site.
2. That Applicant has no alternative means of achieving a
reasonable use of the property under the terms of the zoning code.
3. That 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 variances set forth hereinabove.
5. That the City 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 13th day of
July, 1987.
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk
Roll Call Votes:
Ayes - Brancel, Gagne, Haugen, Stover
Nays - Rascop
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LEGAL DESCRIPTION
"All of Lot 21 except that part thereof described as follows: Commencing
at the southwest corner 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 corner 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 Deeds in and for said County."
EXHIBIT A