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94-096 . . . w .. CITY OF SHOREWOOD RESOLUTION NO. 94-96 A RESOLUTION GRANTING SETBACK VARIANCES AND A VARIANCE TO EXPAND A NONCONFORMING STRUCTURE TO HOWARD LEROHL WHEREAS, Howard LerohI (Applicant) is the owner of real property located at 25585 Birch Bluff Road, in the City of Shorewood, County of Hennepin, legally described as: "Lot 1, Block 1, Lee's Square, Hennepin County, Minnesota." WHEREAS, the Applicant has applied to the City for a setback variance to construct a detached garage; and WHEREAS, the Applicant has applied for a variance to add a basement under the existing house, which house is nonconforming due to its proximity to Birch Bluff Road and Eureka Road; 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 28 September 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 4 October 1994, 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 28 October 1994, 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 adjacent house to the east is located 16.5 feet from the street right-of-way. 2. That the rights-of-way for Eureka Road and Birch Bluff Road are both 16 feet wider than the standard 50-foot street right-of-way. 3 . That the existing home was built in approximately 1908 and has a small, single-car garage on the east side. 4. That a garage located to the south of the Applicant's property is located in the public right- of-way and the Applicant proposes to locate his garage 21 feet further back from Eureka Road than the adjoining garage. 5. That the construction of the basement will not increase the visual mass of the existing home. .. . . . - ~.. 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 variances as follows: a. The detached garage may be constructed 10 feet from the rear lot line and 18 feet from the Eureka Road right-of-way. b. The Applicant may build a basement under the existing home, extending the porch on the front of the house one foot. 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 29th day of November, 1994. ~1Ift4J~Af ATTEST: - 2-