95-027
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CITY OF SHOREWOOD
RESOLUTION NO. 95-2c7
A RESOLUTION GRANTING A SETBACK VARIANCE AND VARIANCE TO EXPAND A
NONCONFORMING STRUCTURE TO RICHARD KOWALSKY
WHEREAS, Richard Kowalsky (Applicant) is the owner of real property located at 5740
Christmas Lake Point in the City of Shorewood, County of Hennepin, State of Minnesota, legally
described as:
"Tract D, Registered Land Survey No. 407"
and
WHEREAS, the Applicant has an existing single-family dwelling on the property, which
dwelling constitutes a nonconforming structure because it is located entirely within the required 75-
foot setback from Christmas Lake; and
WHEREAS, the Applicant has applied for a variance to add two stories over the south end
of the house for bedrooms to increase the habitable space in the home; and
WHEREAS, the Applicants have requested a setback variance to build a two-car garage;
and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in memoranda to the Planning Commission dated
1 February 1995 and 28 February 1995 which memoranda are 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 7 February 1995, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicant's request for a variance was considered by the City Council at
their regular meeting on 27 March 1995 at which time the Planner's memoranda 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 Property is located in an R-IA Single-Family Residential zoning
district and is also subject to the requirements of the "S" Shoreland (overlay) District.
2. That the site is unique in that required setbacks on the property result in a virtually
unusable buildable area, less than 10 feet in depth.
3.
variance.
That due to setback requirements, nothing could be built on the property without a
.
4. That the easterly side of the site is characterized by severe topography.
5. That structures on adjacent lots to the north and south are closer to the shoreline
than 75 feet, establishing an average setback of 30.5 feet.
6. That the proposed structural alteration is contained within the "footprint" of the
existing structure and will be located behind the average setback line referred to in 5. above.
7. That the proposed garage will be located behind the average setback line referred to
in 5. above.
8. That the Applicant proposes to remove portions of existing decks which encroach
into the lake shore setback area.
9. That hard surface area on the property, including the new garage, will be
approximately 24 percent.
10. That tl,1e Applicant has planted shrubbery along the west side of the proposed
garage to break up the building mass.
CONCLUSIONS
1 . That the Applicant has established undue hardship and has satisfied the criteria for
the grant of a variance under the appropriate sections of Minnesota Statutes and the Shorewood
City Code.
. 2. That based upon the foregoing, the City Council hereby grants the Applicant's
request for a setback variance to build a two-car garage and a variance to alter the nonconforming
structure within the confines of the existing house.
3 . That this appro:val is subject to the Applicant submitting a detailed grading and
landscaping plan which raises the grade around the south end of the existing home and provides
significant shrubbery to screen the lowest level of the home beneath the addition. The Applicant
will provide a landscape bid from a certified nurseryman or landscape architect, from which bid the
Applicant shall provide a letter of credit or cash escrow for one and one-half the amount of the
work, to ensure that the approved work will be completed by 15 June 1996.
4. That the City Administrator/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 10th day of April, 1995.
t2'fL0~~~t---
Robert B. Bean, Mayor
ATTEST:
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