06-007
CITY OF SHOREWOOD
RESOLUTION NO. 06-007
A RESOLUTION GRANTING A SETBACK VARIANCE
FOR SCOTT WILLIAMS AND LINDA HALCON
WHEREAS, Scott Williams and Linda Ha1con (Applicants) are the owners ofreal
property located at 5955 Country Club Road, City of Shorewood, County of Hennepin, State of
Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicants have applied for a variance to construct an addition at the
rear of their existing home; and
WHEREAS, the Applicant's request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 30 December 2005, a copy of which is
on file at City Hall; and
WHEREAS, after required notice a public hearing was held and the application reviewed
by the Planning Commission at a regular meeting held on 3 January 2006, the minutes of which
meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on 23
January 2006, at which time the Planner's memorandum and the Planning Commission's
recommendations were reviewed and comments were heard by the Council from the Applicants
and from the City staff; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The Applicants' property is located in an R-1A, Single-Family Residential zoning district,
which requires a 50-foot setback from any public right-of-way.
2. The property contains 40,573 square feet of area and is occupied by the Applicants'
existing home and a detached garage.
3. The subject property is bounded on its west side by Country Club Road and on the south
side by Mary Lake Trail, a street that was platted after the home on the subject property was
constructed.
4. The platting of Mary Lake Trail resulted in the home on the subject property becoming
nonconforming with the required 50-foot setback for the side yard abutting the street.
5. The original building permit for the subject property included a foundation for a room
addition at the rear of the house, which foundation extends into the new setback area adjoining
Mary Lake Trail by approximately 12 feet.
6. Due to topographic conditions on the south side of the subject property, the right-of-way
for Mary Lake Trail is 75 feet wide, whereas only 50 feet is required. Within that right-of-way
the paved surface is offset to the south, resulting in a wider than normal boulevard abutting the
subject property.
CONCLUSIONS
a. The Applicants have satisfied the criteria for the grant of a variance under the Shorewood
City Code and have established an undue hardship as defined by Minnesota Statutes.
b. Based upon the foregoing, the City Council hereby grants to the Applicants a setback
variance to construct a single-story room addition thirty-eight feet from the south boundary of the
property.
c. 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 23rd day of
January 2006.
ATTEST:
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