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93-075 . . . . RESOLUTION NO. 93-75 A RESOLUTION GRANTING A SETBACK VARIANCE TO KERRY PETERSON WHEREAS, Kerry Peterson (Applicant) is the owner of real property located at 28110 Woodside Road in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as: "Tract C, Registered Land Survey No. 757"; and WHEREAS, the Applicant has an existing single-family dwelling on the property, which dwelling constitutes a nonconforming structure because it is located entirely within the required 50-foot setback from Woodside Road; and WHEREAS, the Applicant has applied for a variance to add a new entry way on the south side of the home; 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 31 July 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 3 August 1993, 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 their regular meeting on 23 August 1993 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 Subject Property is located in an R-1A single-family residential zoning district and is also subject to the requirements of the "S:' Shoreland (overlay) District. 2. That the site is unique in that required setbacks on the property result in a very limited buildable area, approximately 26 feet in depth. 3. That due to setback requirements, the existing structure can not be expanded without a variance. . 4. That the easterly side of the site is screened from Woodside Road by existing vegetation. 5. That the proposed construction would constitute a reasonable use of the land and will improve the livability of the home. 6. That the Applicant has established undue hardship and has satisfied the criteria for the grant of a variance under the appropriate sections of Minnesota Statutes and the Shorewood City Code. CONCLUSIONS 1. That based upon the foregoing, the City Council hereby grants the Applicant's request for a setback variance to build an entry on the south side of the house. 2. 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 13th day of September 1993. ~~~~ Rob Daugherty, Acting Mayor ATTEST: C' ", rvvv1 es C. Hurm, City Administrator/Clerk . ~ , MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 Dated: September 14, 1993 CERTIFICATION STATE OF MINNESOTA ) )ss ) . COUNTY OF HENNEPIN I, Theresa L. Naab, duly appointed Deputy Clerk of the City of Shorewood, Hennepin County, Minnesota, do hereby certify that the foregoing resolution is a true and correct copy of a resolution adopted by the Council of the City of Shorewood and is so recorded in the minutes of a meeting,held on the 13th day of September, 1993. 1 ./1 - /' . GJt~lrl(J- , , Theresa L. Naab, Deputy Clerk . A Residential Community on Lake Minnetonka's South Shore