92-015
. ,
.
.
.
"of"',,-
RESOLUTION NO. 15-92
A RESOLUTION GRANTING A SETBACK VARIANCE AND VARIANCE TO EXPAND
A NONCONFORMING STRUCTURE TO RICHARD AND DEBORAH KOWALSKY
WHEREAS, Richard and Deborah Kowalsky (Applicants) are the owners of real
property located at 5740 Christmas Lake Point in the City of Shorewood, County of
Hennepin, State of Minnesota, legally described as:
"Tract D, Registered Land Survey No. 407"
and
WHEREAS, the Applicants have an existing single-family dwelling on the property,
which dwelling constitutes a nonconforming structure because it is located entirely within the
required 75-foot setback from Christmas Lake; and
WHEREAS, the Applicants have applied for a variance to structurally alter the lower
level to increase the habitable space in the home; and
WHEREAS, the Applicants have requested a setback variance to enclose the area
beneath their existing deck for use as a two-car garage; and
WHEREAS, the Applicants' request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 2
January 1992 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 7 January 1992, 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 13 January 1992 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
. virtually unusable buildable area, less than 10 feet in depth.
3. That due to setback requirements, nothing could be built on the property
without a variance.
4. That the easterly side of the site is characterized by severe topography.
5. That the proposed structural alteration and garage enclosure is contained within
the "footprint" of the existing structure.
6. That the proposed construction would constitute a reasonable use of the land
and will improve the livability of the home without increasing its nonconformity.
7. That the Applicants have planted shrubbery along the west side of the
proposed garage to break up the building mass.
8. That the Applicants have established undue hardship and have 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 Applicants'
request for a setback variance to build a two-car garage and a variance to alter the
nonconforming structure within the confines of the existing 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 10th day of February,
1992.
ATIEST:
.
C. Hurm, City Administrator/Clerk
.-'" .-
..
-,
.
.
.
Dated:
February 10, 1992
CERTIFICATION
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
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 10th day of February, 1992.