92-108
" 40
,
RESOLUTION NO. 108-92
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A RESOLUTION AMENDING RESOLUTION NO. 67-91
DENYING SETBACK VARIANCES TO JOHN EINHORN
WHEREAS, John Einhorn (Applicant) desires to construct a new home to replace his
existing home on property located at 5580 Howards Point Road in the City of Shorewood;
and
WHEREAS, the proposed location of the new home on the property does not comply
with the setback requirements of the Shorewood Zoning Code, and Applicant has therefore
made application for variances; and
WHEREAS, a public hearing was held and the application reviewed by the Planning
Commission on 4 June 1991, and, after deliberation, the Planning Commission recommended
denial of the requested variances; and
WHEREAS, Applicant appeared before the City Council at their regular meeting held
on 10 June 1991 and submitted additional material concerning his application which he asked
the Council to consider; and
WHEREAS, the City staff has discovered a mistake in Resolution No. 67-91 in that it
identified Howards Point Road as the front of the lot and Island View Road as the side of the
. lot; and
WHEREAS, the original staff report clearly identifies Island View Road as the front
of the lot; and
WHEREAS, it was the Council's intent in denying the setback variances to adopt the
recommendations of the original staff report including the finding that Island View Road is
the front of the lot and Howards Point Road is the side of the lot; and
WHEREAS, the City Council has provided the Applicant an opportunity to appear
before the Council and express his view regarding the amendment to Resolution No. 67-91;
and
WHEREAS, the City Council has reviewed the materials submitted by the Applicant,
the recommendations of the Planning Commission, and the memorandums and reports of the
City Planning Director.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
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1. That the Applicant's property is located in an R-1A zoning district which
requires a 50-foot front yard setback and 50-foot side-yard-abutting-a-street setback.
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2. That Applicant's existing home encroaches into the 50-foot front yard setback
area on Island View Road and into the 50-foot side yard setback on Howards Point Road and
is therefore a nonconforming structure.
3. That the Shorewood Zoning Code provides that when a nonconforming
structure is destroyed to the extent of more than 50 % of its value, or the nonconforming use
of the land is discontinued, any future use of the structure or land shall comply with the
provisions of the Zoning Code.
4. That Applicant requests variances to permit construction of a new home
extending 40.6 feet from the easterly lot line on Howards Point Road and 42 feet from the
northerly lot line of his property on Island View Road.
5. That Applicant's request requires a 9.4-foot setback variance on the east side
of the property and an 8-foot setback variance on the north side of the property.
6. That Applicant claims a loss of view of Lake Minnetonka, possible loss of
mature pine trees, and the location of other nonconforming buildings in the area as
justification for his requested variance; however, it appears that the Applicant's proposed
new home can be constructed on the property in such a manner as to preserve the existing
trees and still meet the setback requirements of the Zoning Code.
CONCLUSIONS
1. That the variances requested by the Applicant constitute a significant deviation
from the requi!ements of the Shorewood Zoning Code.
2. That Applicant's property can be put to a reasonable use under the conditions
imposed by the Shorewood Zoning Code.
3. That Applicant has not met the criteria for the grant of a variance under
Section 1201.05 of the Shorewood City Code and has not established an undue hardship as
defined by Minn. Stat. Section 462.357, Subd. 6(2).
4. That Applicant's request for the variances set forth above are hereby denied.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of
October, 1992.
&~ h~pl
Barbara. B . ce, Mayor
ATTEST:
C. Hurm, City Administrator/Clerk