93-073
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.
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RESOLUTION NO. 93-73
A RESOLUTION DENYING A SETBACK VARIANCE TO
KEVIN AND GAIL TOWEY
WHEREAS, Kevin and Gail Towey propose to build a deck and porch addition on the
rear of their home located at 19495 Vine Ridge Road, said property being described as:
"Lot 3, Block 2, Covington Vine Ridge"; and
WHEREAS, the location of the proposed addition 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 30 July 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 3 August 1993 and, after deliberation, the Planning Commission
recommended denial of the requested variance; and
WHEREAS, the City Council at their regular meeting held on 23 August 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 Covington Vine Ridge P.U.D.
zoning district which allows single-family dwellings and requires a 35-foot rear yard setback.
2. That the Applicants propose to build the addition 28 feet from the rear
property line, which requires a variance of seven feet.
3. That the Covington Vine Ridge P.U.D. zoning district requires a minimum lot
area of 10,000 square feet for single-family residential dwellings and a minimum lot width of
65 feet, and the subject property contains approximately 10,540 square feet of area and is
approximately 70 feet wide.
.
.
,
4.
structure.
That options exist on the east and west sides of the house to add on to the
5. That the "garage forward" design of the house limits room at the rear of the
home for additional building area.
6. That the City Code does not allow adjoining wetland area to be used to meet
setback requirements.
7. That a smaller addition could be built which would lessen or eliminate the
need for a variance.
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 13th day of
September 1993.
~~U4U\
Rob Daugherty, Acting Mayor
ATTEsT"
t 1JtVvvtA
es C. Hurm, City Administrator/Clerk
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