Loading...
92-121 ~/ . . . ~ RESOLUTION NO. 121-92 A RESOLUTION DENYING A VARIANCE FOR TWO DOCKS ON ONE PARCEL OF LAND WHEREAS, Dorothy M. Smith (Applicant) has an easement over part of the property located at 27940 Smithtown Road, said property being described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant requests approval to construct a second dock on said easement, which dock does not comply with the 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 17 November 1992 and, after deliberation, the Planning Commission recommended denial of the requested variance; and WHEREAS, the City Council at their regular meeting held on 30 November 1992 reviewed the material submitted by the Applicant, the recommendation of the Planning Commission and the Planning Director's staff report, dated 14 November 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 proparty is located in the R-1A/S zoning district and is occupied by a single-family dwelling plus one dock. 2. That Section 1201.03 Subd. 14 of the Shorewood City Code limits docks to one dock per property, which dock may only be used by the residents of the property. 3. That the applicant owned the property, subdivided it, and sold it subsequent to the City's adoption of an ordinance limiting docks to one per property. 4. That the Applicant owns the lot adjacent to the east side of the property, which lot does not abut Lake Minnetonka. 5. That the property has approximately 172 feet of shoreline on Lake Minnetonka. 6. That the Applicant has not built a dock on the property. 7. That the Applicant is able, via an easement, to swim, fish or picnic by the lake. v ,/ . CONCLUSIONS 1. The inability for a nonriparian lot to have dock rights is not unique to the subject property. Dock rights are not commonly available to nonriparian lots in Shorewood. 2. The Applicant's request is primarily financial in nature. 3. The Applicant previously owned the property but chose to sell it. 4. The variance, if granted, would confer a special privilege on the Applicant which is denied to others. 5. That the Applicant's property can be put to a reasonable use under the conditions imposed by the Shorewood Zoning Code. 6. 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). 7. 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 14th day of December, 1992. ATTEST: Jame C. Hurm, City Administrator/Clerk . (, / . LEGAL DESCRIPTION . "That part of Government Lot 4, Section 31, Township 117, Range 23, described as follows: Commencing at a point in the South line of Tract N, Registered Land Survey No.8, Hennepin County, Minnesota, distant 13.6 feet West of the Southeast corner thereof; thence South parallel with an extension of the East line of said Tract N, a distance of 98.52 feet; thence Westerly deflecting to the right 96 degrees 04 minutes a distance of 255.36 feet; thence Northwesterly deflecting to the right 22 degrees 25 minutes a distance of 37.16 feet to a point hereinafter referred to as Point C (said last described course is hereinafter referred to as Line X); thence South 15 degrees 13 minutes 10 seconds West, 161.64 feet to a point hereinafter referred to as Point D; thence South 34 degrees 04 minutes 30 seconds West, 49.32 feet to a point hereinafter referred to as Point E; thence South 58 degrees 04 minutes 30 seconds West, 47.00 feet to the actual point of beginning of the tract of land to be described; thence Northeasterly to aforesaid Point E; thence Northerly to aforesaid Point D; thence Northerly to aforesaid Point C; thence Northwesterly along an extension of aforesaid Line X a distance of 15 feet to an intersection with a line bearing South 54 degrees 55 minutes West from a point in a line parallel with and 35.16 feet South of the South line of said Tract N, said point being distant 302.6 feet West, measured along said parallel line, from the Southerly extension of the East line of said Tract N; thence Southwesterly 116.94 feet along said line bearing South 54 degrees 55 minutes West to a point therein distant 130.26 feet Southwesterly measured along said line bearing South 54 degrees 55 minutes West, from last said parallel line; thence Southwesterly deflecting to the left 38 degrees 13 minutes 30 seconds, a distance of 33.54 feet; thence Westerly parallel with the South line of said Tract N to the shore line of Lake Minnetonka; thence Southerly along said shore line to a line hereinafter described and designated as Line A; thence Easterly along said Line A to an intersection with a line bearing South 8 degrees 55 minutes 30 seconds East from the actual point of beginning; thence North 8 degrees 55 minutes 30 seconds West to the actual point of beginning. Aforesaid Line A being described as follows: Beginning at the intersection of the center line of Town Road (formerly State Highway No.7) with a line parallel with and 789.5 feet North of the South line of said Section 31, thence Westerly along said parallel line 481.96 feet; thence at a right angle Southerly 198 feet to an intersection with a line parallel with 591.5 feet North of the South line of said Section 31; thence Westerly along said parallel line 421.34 feet; thence Westerly to the shore of Lake Minnetonka passing through a point which is 12 feet, . South 24 degrees East, from a point in last said parallel line, distant 766.85 feet West of aforesaid 198 foot course, and there terminating. For purpose of this description the South line of said Tract N is assumed to bear due East and West. . EXHIBIT A .