94-067
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CITY OF SHOREWOOD
RESOLUTION NO. 94 - 6 7
A RESOLUTION GRANTING A SETBACK VARIANCE
TO JUDY CHRISTENSEN-WALDEN
WHEREAS, JUDY CHRISTENSEN-WALDEN (Applicant) is the owner of real property
located at 5755 Merry Lane, in the City of Shorewood, County of Hennepin, legally described as:
"Lot s 190 and 191, Auditor's Subdivision No. 120, Hennepin County,
Minnesota"; and
WHEREAS, The Applicant has applied for a setback variance to allow a fence to be
constructed 45 feet from the Ordinary High Water Level (OHWL) of Chrismas Lake, which
variance amounts to thirty feet; 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
1 July 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 5 July 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 25 July 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 existing home on the property was built prior to the City's adoption of the
current setback requirement and is located only 43 feet from the OHWL of Christmas Lake.
2. That the existing home is located entirely within the required lakeshore setback area
for Christmas Lake, and there is no way to create a fenced-in area that would be directly accessible
from the house, without a variance.
3 . That considerable vegetation exists on the property which would partially screen the
fence from view from Christmas Lake.
4. That the property is occupied by a driveway serving property to the south of the
Applicant's lot.
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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
thirty-foot setback variance from the OHWL of Christmas Lake.
C. That this approval is conditioned upon the following:
1 . The fence shall be green or black vinyl coated chain link no higher than five feet,
except for the segment of fence to be constructed between the home and the garage,
which may be a six-foot privacy fence.
2. The Applicant must submit a landscape plan providing additional vegetation to
screen the fence from view from Christmas Lake. The landscape plan must be
approved by the Zoning Administrator.
3 . The Applicant must provide bids based upon the approved landscape plan, from
which a letter of credit or cash escrow for 1.5 times the bid amount must be
provided to the City by the Applicant. The letter of credit or escrow will be released
by the City upon completion of the landscaping.
4. Required landscaping must be completed by 15 October 1994.
D. 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 8th day of August, 1994.
ATTEST:
IVlIV"\M} ( ,(,M#'\.
es C. Hurm
Administrator/Clerk
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