91-092
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8/28/91
RESOLUTION NO. 92-91
A RESOLUTION GRANTING A SETBACK VARIANCE TO
ROBERT and ROBERTA DIRCKS
WHEREAS, Robert and Roberta Dircks (Applicant) is the
owner of real property located at 5351 Shady Hills Circle in
the City of Shorewood, County of Hennepin, State of
Minnesota, legally described as:
Lot 9, Block 4, Shady Hills;
and
WHEREAS, Applicant has an existing single-family
dwelling on the property; and
WHEREAS, Applicant has applied for a variance to
construct a deck on the rear of the dwelling which will
encroach twenty feet into the rear yard setback area; and
WHEREAS, the Applicant's request was reviewed by the
City Planner, and his recommendations were duly set forth in
a memorandum to the Planning Commission dated 1 August 1991
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 6 August 1991, the
minutes of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request for a variance was
considered by the City Council at their regular meeting on
26 August 1991 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-IC
single family residential zoning district and was the
subject of a previous five foot front yard variance and a 13
foot rear yard variance granted by the City Council in 1989
to permit the construction of the eXisting single family
dwelling.
2. That the site is characterized by severe
topography, most of which is wooded, and with the buildable
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area on the site having a slope of 40 percent.
3. That Applicant's proposed deck will encroach
twenty feet southerly into the rear yard setback, however,
the buildable portion of the lot with the least slope is
only 22 feet deep.
4. That the property is unique in that the land
behind it is virtually unbuildable and the severe topography
and designated wetlands make it unlikely that houses will be
built to the south of the site.
5. That the proposed deck addition would constitute a
reasonable use of the land and will not have an adverse
effect on neighboring properties.
6. That the Applicant has established undue hardship
and has 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 Applicant's request for a 20-foot rear
yard setback variance for the purpose of constructing a
deck.
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
26th day of August, 199~.