93-042
.~
.
RESOLUTION NO. 42 - 9 3
A RESOLUTION DENYING A SETBACK VARIANCE TO
PETER KNAEBLE AND DAVID NELSON
WHEREAS, Peter Knaeble and David Nelson (Applicants) propose to build a house
on property located at 21740 Lilac Lane, said property being described in Exhibit A,
attached hereto and made a part hereof; and
WHEREAS, the location of the proposed house does not comply with the setback
requirements of the Shorewood Zoning Code, and the Applicants have therefore made
application for a variance; and
WHEREAS, the application was reviewed by the City Planner and his comments were
set forth in a memorandum dated 1 March 1993, which memorandum is on file in the
Shorewood City Hall; and
WHEREAS, a public hearing was held and the application was reviewed by the
Planning Commission on 2 March 1993 and, after deliberation, the Planning Commission
recommended denial of the requested variance; and
. WHEREAS, the City Council at their regular meeting held on 22 March 1993
reviewed the material submitted by the Applicants, the recommendation of the Planning
Commission and the Planning Director's staff report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the Applicants' property is located in the R-IA zoning district which
allows single-family dwellings and requires a 50-foot front yard setback.
2. That the Applicants propose to build the house 35 feet from Lilac Lane which
requires a variance of 15 feet.
3. That the R-IA zoning district requires a minimum lot area of 40,000 square
feet for single-family residential dwellings and a minimum lot width of 120 feet, and the
subject property contains approximately 43,589 square feet of area and is approximately 160
feet wide.
.
.
.
.
,.
4. That the Applicants claim a loss of mature trees, the location of
nonconforming structures in the area, sewer elevation, and site topography as justification for
his requested variance.
5. That the house to the west of the subject property is located approximately 35
feet from Lilac Lane and the house to the east is located 70 feet from Lilac Lane.
6. That lowering the house on the site would reduce the amount of fill necessary
to build on the property.
7. That lowering the house would require the lowest level of the house to be
served by a sewage lift pump, but the upper two floors could be served by gravity sewer.
CONCLUSIONS
1. That the variance requested by the Applicants constitutes a significant deviation
from the requirements of the Shorewood Zoning Code.
2. That the Applicants' property can be put to a reasonable use under the
conditions impoSed by the Shorewood Zoning Code.
3. That the Applicants have not met the criteria for the grant of a variance under
Section 1201.05 of the Shorewood City Code and have failed to establish any undue hardship
as defined by Minn. Stat. Section 462.357, Subd. 6(2).
4. That the Applicants' request for the variance set forth above is hereby denied.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of
April 1993.
ATTEST"
Ja es C. Hurm, City Administrator/Clerk
- 2 -
.
.
.
LEGAL DESCRIPTION
"That part of Lot 135, Auditor's Subdivision Number 120, Hennepin County,
Minnesota, described as follows: Beginning at the southeast comer of said Lot 135;
thence South 88 degrees 34 minutes 58 seconds West, a distance of 160.00 feet, along
the south line of said Lot 135; thence North 04 degrees 11 minutes 38 seconds West,
a distance of 212.71 feet; thence North 88 degrees 06 minutes 50 seconds East, a
distance of 68.16 feet; thence North 29 degrees 33 minutes 04 seconds East, a
distance of 195.78 feet, to a point on the east line of said Lot 135; thence South 01
degrees 37 minutes 44 seconds East, a distance of 380.90 feet, along the east line of
said Lot 135 to the point of beginning."
Exhibit A