92-113RESOLUTION NO. 113-92
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A RESOLUTION DENYING A SETBACK VARIANCE TO
JOHN LEEBENS
WHEREAS, John Leebens (Applicant) proposes to move the existing home located at
23825 Smithtown Road to a different location on the property, said property being described
in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicant proposes to construct a detached garage on the property,
the location of which garage does not comply with the setback requirements of the
Shorewood Zoning Code, and the Applicant has therefore made application for a variance;
and
WHEREAS, a public hearing was held and the application was reviewed by the
Planning Commission on 13 October 1992 and, after deliberation, the Planning Commission
recommended denial of the requested variance; and
WHEREAS, the City Council at their regular meeting held on 26 October 1992
reviewed the material submitted by the Applicant, the recommendation of the Planning
Commission and the Planning Director's staff report, dated 8 October 1992, which report is
on file in the Shorewood City Hall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the Applicant's property is located in the R -2A zoning district which
allows single or two - family dwellings and requires a 35 -foot front yard setback.
2. That the Applicant's existing home encroaches into the front yard setback area
on Minnetonka Drive, as well as the side yard setback on County Road 19 and is therefore a
nonconforming structure.
3. That the Shorewood Zoning Code provides that a nonconforming structure
may not be moved on the property unless it is brought into compliance with the requirements
of the Code.
4. That the R -2A zoning district requires a minimum lot area of 20,000 square
feet for single- family residential dwellings and a minimum lot width of 100 feet, and the
• subject property contains approximately 38,760 square feet of area and is approximately 155
feet wide.
5. That the Applicant requests a variance to permit construction of a detached
three -car garage extending 10 feet from Minnetonka Drive, a variance of 25 feet.
6. That the Applicant claims a loss of mature walnut trees, the location of other
nonconforming structures in the area, and aesthetic reasons as justification for his requested
variance; however it has been demonstrated that the Applicant's proposed garage 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 variance requested by the Applicant constitutes a significant deviation
from the requirements of the Shorewood Zoning Code.
2. That the Applicant's property can be put to a reasonable use under the
conditions imposed by the Shorewood Zoning Code.
3. That the Applicant has not met the criteria for the grant of a variance under
Section 1201.05 of the Shorewood City Code and has failed to establish any undue hardship
as defined by Minn. Stat. Section 462.357, Subd. 6(2).
4. That the Applicant's request for the variance set forth above is hereby denied.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of
November, 1992.
Barbara'J. Brattcel, Mayor
ATTEST:
VVVI"'Ic �v
Jamey C. Hurm, City Administrator /Clerk
LEGAL DESCRIPTIONS:
"All that part of Lot 184, Auditor's Subdivision No. 135 Hennepin County,
Minnesota described as follows: Commencing at the Southeast corner of Lot 286 said
Auditor's Subdivison; thence running north along the east line of said Lot 286 a
distance of 881.2 feet to a point; thence running west on a line parallel with the south
line of Smithtown Road a distance of 528.25 feet to an iron marker which is the place
of beginning of this description; thence running west on last described line a distance
of 235.3 feet to east line of roadway described in Certificate of Title No. 78890,
office of the Registrar of Titles, said county and state; thence running north along the
East line of said roadway to the South line of the Smithtown Road; thence running
east along the South line of Smithtown Road to a point in said line which is 528.25
feet west, along said line, from the east line of said Lot 286; thence south on a line
parallel to the East line of said Lot 286 to point of beginning of description, together
with an easement for roadway purposes over a 33 foot strip of land adjacent to and
immediately west of said described land, except that part of said above described tract
of land, described as follows: All that part of said above described tract of land lying
southwesterly of a straight line running from a point on the east line of said tract
distant 15 feet north, of the Southeast corner thereof, to a point on the West line of
said tract distant 60 feet north of the Southwest corner thereof."
EXHIBIT A