95-032
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RESOLUTION NO. 9')-32
A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR
BIRCHBLUFF LAKEVIEW ADDITION AND A SETBACK VARIANCE TO BRIAN
FREDRICKSON
WHEREAS, Brian Fredrickson (Applicant) has an interest in certain land within the City of
Shorewood and has applied to the Council for preliminary approval of a plat to be known as
Birchbluff Lakeview Addition; and
WHEREAS, an existing house on the property will be closer to the right-of-way of Third
Street, due to additional right-of-way dedication required as part of the plat, necessitating a setback
variance; and
WHEREAS, Applicant's request has been reviewed by the City Planner and his
recommendations have been duly set forth in a Memorandum to the Planning Commission dated
4 March 1995, which Memorandum is on file at City Hall; and
WHEREAS, Applicant's request has been reviewed by the City Engineer and his
recommendations have been duly set forth in a Letter to the City Planner dated 17 March 1995,
which Letter is on file at City Hall; and
WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on
7 March 1995, for which notice was duly published and all adjacent property owners duly notified.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood
as follows:
FINDINGS OF FACT
1. That the property proposed to be divided is zoned R-IC/S, Single-Family
ResidentiallShoreland and contains approximately 68,118 square feet of area.
2. That the existing house on the property is located approximately 42.7 feet from the
right-of-way of Third Street, an undeveloped public street.
3. That Third Street does not have adequate right-of-way to comply with City
standards and the City has requested the dedication of 12.5 feet of additional right-of-way, which
dedication makes the existing house nonconforming.
4. That the five-foot variance requested by the Applicant is necessitated by the City's
demand for additional right-of-way.
CONCLUSION
A. 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).
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B. That based upon the foregoing, the City Council hereby grants the Applicant's
request for a setback variance of five feet for the existing home on the property.
C. That Applicant's request for preliminary plat approval of Birchbluff Lakeview
Addition is hereby approved.
D. That such approval is subject to the recommendations set forth in the City Planner's
Memorandum dated 4 March 1995, the recommendations set forth in the City Engineer's letter,
dated 17 March 1995, and the terms and conditions contained in the minutes of the Planning
Commission meeting of 7 March 1995 on file at City Hall.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of April,
1995.
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Robert B. Bean, Mayor
ATTEST:
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