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95-041 ~ " . . . , CITY OF SHOREWOOD RESOLUTION NO. 95-41 A RESOLUTION GRANTING A SETBACK VARIANCE TO JOHN KIMBALL WHEREAS, John Kimball (Applicant) is the owner of real property located at 4445 Highland Circle,. in the City of Shorewood, County of Hennepin, legally described as: "Lot 9, Block 2, Enchanted Gardens, Hennepin County, Minnesota." WHEREAS, the Applicant has applied to the City for a setback variance to construct an attached garage; 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 March 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 4 April 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 24 April 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 subject lot was created prior to current zoning standards and is substandard in width and area. 2. standards. That the configuration of the lot would not be approved by the City under current 3 . That the Zoning Code cites narrowness and shape of property as physical constraints which may justify the granting of variances. 4. That the shape and narrowness of the property preclude building elsewhere on the property. 5 . That the lot configuration was not created by the Applicant. 6. That the garage on the adjacent property to the south is only 17 feet from the street right-of-way. 7. That proposed lot coverage will amount to approximately 21 percent. ~ . . . .. , CONCLUSIONS 1 . That the Applicant has satisfied the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.375, Subd. 6(2). 2. That based upon the foregoing, the City Council hereby grants the Applicant's request for a variance to construct an attached garage, the southern most comer of which will be 15 feet from the street right-of-way. 3 . 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 8th day May, 1995. 1 / f~o,W+3-f~~Q_&~k,---- Robert B. Bean, Mayor ATTEST: f)PtlM C 1k'AfP' JalJFs C. Hurm, City Administrator/Clerk I - 2-