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06-027 CITY OF SHORE WOOD RESOLUTION NO. 06-027 A RESOLUTION GRANTING A SETBACK VARIANCE FOR GREG BUCKLEY WHEREAS, Greg Buckley (the Applicant) is the owner of real property located at 25885 Birch Bluff Road in the City of Shorewood, said property legally described as: "All of Lots 11 and 12 and the east 15 feet of Lot 10 and Lot 13 as measured along the north and south lines thereof, all in Block 2, Mann's Addition to Birch Bluff (Lake Minnetonka), Hennepin County, Minnesota, according to the plat thereof'; and WHEREAS, the Applicant wishes to build an addition to his home approximately 10 feet from the east boundary of the property, which boundary abuts a platted street right-of-way known as Second Street; and WHEREAS, the property is zoned R-IC/S, Single-family Residential/Shoreland, which zoning district requires a 35-foot setback abutting a street right-of-way, and the Applicant has requested a 25-foot setback variance to build the garage; 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 14 March 2006, 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 21 March 2006, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicants' request for a variance was considered by the City Council at its regular meeting on 27 March 2006, at which time the Plmmer'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. The subject property is located in an R-l CIS, Single-Family ResidentiallShoreland zoning district and contains approximately 21,781 square feet of area. 2. The subject property is occupied by the Applicant's existing home. 3. The subject property abuts a 22-foot wide, platted street right-of-way named Second Street, which is currently being used as a driveway access to property south of the subject property. 4. Several years ago the City of Shorewood conducted a study of existing platted, but undeveloped street rights-of-way in the area, which study concluded that the rights-of-way in question would not be vacated and would be retained by the City. 5. The Applicant proposes to construct an 8' x 24', two-story addition on the east side of the existing home. CONCLUSIONS A. The Applicant has established an undue hardship and has satisfied the criteria for the grant of a variance under the appropriate sections of Milmesota Statutes and the Shorewood City Code. B. Based upon the foregoing, the City Council hereby grants the Applicant's request for a setback variance to build a room addition 10 feet from the east boundary of the property. C. That the City AdministratorlClerk is hereby authorized and directed to provide the Applicant with 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 Shore wood this 27~y of March, 2006. , I //1/ / (Jib) ATTEST: Woody Love, Mayor 2