94-020
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CITY OF SHOREWOOD
RESOLUTION NO. 94 - 20
A RESOLUTION GRANTING A SETBACK VARIANCE
TO JOHN EINHORN
WHEREAS, JOHN EINHORN (Applicant) is the owner of real property located at
5580 Howard's Point Road, in the City of Shorewood, County of Hennepin, legally
described as:
"Lot 20, Auditor's Subdivision No. 367"; and
WHEREAS, The Applicant has applied for a setback variance to allow the house to
be located 47 feet from the right-of-way of Howard's Point Road, which variance amounts to
three 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
28 December 1993, 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 January 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 24 January 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 is very old and is located only 14.3
feet from Island View Road and 22.6 feet from Howard's Point Road.
2. That the site is occupied by two rows of very large white pines which the
Applicant wishes to preserve.
3. That the right-of-way for Howard's Point Road is 66 feet wide - six feet wider
than a standard Municipal State Aid street is required to be.
4. There are homes on the west side of Howard's Point Road, north of the
subject property which are closer to the r.o.w. than 50 feet.
5. The proposed house is only 24 feet deep.
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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 construction of the new home will increase the conformity of the property
to City zoning regulations.
C. That based upon the foregoing, the City Council hereby grants the Applicant a
three-foot setback variance from Howard's Point Road for the purpose of constructing a new
home.
D. That this approval is conditioned upon no additional structures or expansion of
the new house being allowed which would result in damage to the existing trees.
E. 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 28th day of February,
1994.
ATTEST:
~I\.D /VlfV'1
es C. Hurm
Administrator/Clerk
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