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93-083 r . . . , 111 RESOLUTION NO. 93-83 A RESOLUTION APPROVING A LOT WIDTH VARIANCE AND A SETBACK VARIANCE FOR LANCE DETRUDE WHEREAS, Lance DeTrude (Owner) is the owner of certain real property in the City of Shorewood, County of Hennepin, State of Minnesota legally described as: "Lots 2, 3, 4 and 5, Minnewashta"; and WHEREAS, a recent condemnation of right-of-way by the City for the improvement of Church Road has reduced the depth of the property such that the Owner can no longer subdivide his property into three lots which comply with the minimum lot width requirements of the Shorewood Zoning Ordinance; and WHEREAS, the Owner does not propose to subdivide the property at this time, but desires assurance from the City that he will be able to subdivide his property into three lots in the future; and WHEREAS, the City has agreed to consider a lot width variance and a setback variance to allow the property to be subdivided into three lots in the future; and WHEREAS, the variances were reviewed by the City Planner and his recommendations have been duly set forth in memoranda, dated 30 December 1992 and 27 January 1993, which memoranda are on file at the Shorewood City Hall; and WHEREAS, after legal notice and publication a public hearing was held to consider the variances by the Shorewood Planning Commission on 5 January 1993, the minutes of which meeting are on file at the Shorewood City Hall; and WHEREAS, the variances, the memoranda of the City Planner and the recommendations of the Planning Commission were considered by the City Council at its regular meeting held on 22 February 1993. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the subject property contains approximately 34,920 square feet of area and is located in an R-1D, Single-family Residential Zoning District, which requires minimum lot areas of 10,000 square feet and minimum lot widths of 75 feet. , . . 2. That prior to condemnation of 12.5 feet of right-of-way for the Church Road improvement project, the property was capable of being subdivided into three lots. 3. That subsequent to the r.o.w. condemnation a lot width variance of approximately three feet will be necessary to subdivide the property into three lots. 4. That in order to maintain a reasonable buildable area for the future easterly lot, a setback variance of approximately eight feet will be required at the south end of the easterly lot. 5. That despite the need for the variances, three future lots can be created which comply with the minimum area requirement of the R-1D district. CONCLUSIONS 1. That the variances will not violate the intent and purpose of the City Comprehensive Plan and will not alter the essential character of the locality. 2. That the condemnation of right-of-way for the Church Road improvement project has resulted in an undue hardship for the Owner which prevents him from making reasonable use of his property. . 3. That the request satisfies the criteria for granting variances under Section 1201.05 of Shorewood City Code and qualifies as undue hardship as defined by M.S. Section 462.357, Subd. 6(2). 4. That based upon the foregoing, the City Council hereby grants a lot width variance and setback variance as set forth above, subject to the following: a. That the property will be subdivided by the formal platting process prescribed by the Shorewood Subdivision Ordinance in effect at the time of subdivision. b. That the future lots will be allowed to be established using the existing lot lines between Lots 2 and 3 and between Lots 3 and 4 as the side lot lines for the new lots. c. That upon approval of any future subdivision, the owner will record a protective covenant advising future owners of the lots that the City will not grant variances which may result from side lot lines which are not at, or close to, 90 degree angles from West 62nd Street. d. That except for the width and setback variances granted herein, the development of the property will comply with all rules and regulations of the City of Shorewood in effect at the time the property is subdivided. . - 2 - ... . . . Ai 5. That a certified copy of the Resolution be recorded with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of September, 1993. ATTEST: Jam C. Hurm, City Administrator/Clerk - 3 - . . . . .4. Dated: September 27, 1993 STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) ... CERTIFICATION I, James C. Hurm, duly appointed City Administrator/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 27th day of September, 1993.