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95-013 . CITY OF SHOREWOOD RESOLUTION NO. 95-13 A RESOLUTION GRANTING VARIANCES TO GENE GOPON WHEREAS, GENE GOPON (Applicant) is the owner of real property located at 20645 Radisson Road, in the City of Shorewood, County of Hennepin, legally described as: "Tract A, Registered Land Survey Number 550"; and WHEREAS, the subject property does not comply with R-IC/S zoning district requirements for width, area, side yard setbacks, front setback, lake setback and hard surface coverage; and WHEREAS, the Applicant proposes to replace the entire second floor of the existing home, add a two-story addition on the east side of the house and an addition over the existing attached garage; and WHEREAS, the Applicant has applied for a variance to expand a nonconforming structure, and a variance to the front yard setback requirement; 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 27 . December 1994, 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 3 January 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 23 January 1995, at which time the Planner's memorandum and the minutes ofthe Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the existing home on the property is located 10.1 feet from the east side ofthe lot, 12.3 feet from the west side of the lot, 33.5 feet from the front of the lot, and 72.0 feet from the Ordinary High Water Level (O.H.W.L.) of Christmas Lake. 2. That three decks are located within the 75-foot setback area from Christmas Lake. 3. That the property is located in the R-l CIS, Single-Family ResidentiallShoreland zoning district, which requires the following setbacks: . a. Front- b. Side- c. O.H.W.L.- 35 feet 30 feet total with no one side less than 10 feet 75 feet 4. That structures on properties on both sides are closer to Christmas Lake than 75 feet, establishing an average setback line of less than 75 feet. 5. That the existing home contains 2039 square feet of area, and the Applicant proposes to enlarge it to 2560 square feet of area. . CONCLUSION A. That the Applicant has satisfied the criteria for the grant of a variance under Section 1201.05 of the City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.375, Subd. 6(2). B . That based upon the foregoing, the City Council hereby grants the Applicant a variance to expand a nonconforming structure. C. 1. 2. 3. . 4. 5. 6. That this approval is conditioned upon the following: The room addition over the existing garage shall comply with the 35-foot front yard setback requirement. The deck nearest the lake shall be reduced to four feet in width or less. Any portion of the deck or stairway which extends over the property line shall be removed. The 8' x 8' deck near the lake must be removed. The proposed sidewalk must be reduced to four feet in width. The Applicant's dock and boat lift shall be brought into conformity with Shorewood's setback requirements. Except for the front garage wall, the existing first level walls shall remain standing. D. That the City AdministratorlClerk 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 ofthe City of Shorewood this 13th day of February, 1995. ATTEST: Q{~6e(!G' Robert B. Bean, Mayor . - 2-