91-083
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8/21/91
RESOLUTION NO. 83-91
A RESOLUTION GRANTING A SETBACK VARIANCE TO
KEVIN AND GERRY KUESTER
WHEREAS, Kevin and Gerry Kuester (Applicant) is the
owner of real property located at 5885 Christmas Lake Road,
in the City of Shorewood, County of Hennepin, State of
Minnesota, legally described as follows:
TRACT A, REGISTERED LAND SURVEY NO. 471;
and
WHEREAS, Applicant is constructing a single-family
dwelling on the property, which dwelling meets all setback
requirements of the Shorewood City Code; and
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WHEREAS, Applicant has applied for a variance to
construct a circular walkway which extends into the front
yard setback area approximately 14.5 feet, a portion of
which walkway is elevated as much as 30 inches to bridge a
drainage swale in front of the house; and
WHEREAS, Applicant's request was reviewed by the City
Planner, and his recommendations were duly set forth in a
memorandum to the Planning Commission dated 27 June 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 2 July, 1991, the
minutes of which meeting are on file at City Hall; and
WHEREAS, Applicant's request for a variance was
considered by the City Council at their regular meeting on
22 July 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.
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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" Shore land District.
2. That the City Zoning Code requires a fifty foot
front yard (street side) setback variance.
3. That Applicant's proposed walkway will encroach
approximately 270 square feet into the front yard setback;
however, a sidewalk encroachment of 180 feet would be
allowable without a variance.
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4. That the walkway is designed to bridge a natural
swale in the front yard, is elevated as high as 30 inches in
some places, and is 6 feet wide (2 feet wider than permitted
sidewalk width) to provide security and safety for users of
the walkway.
5. That the dwelling itself cannot be relocated on the
property due to a 40 per cent slope of the northeast portion
of the site.
6. That the proposed walkway cannot be located in any
other front yard area, constitutes a reasonable use of the
land, and does not have an adverse effect on neighboring
properties.
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CONCLUSIONS
1. That Applicant has satisfied the criteria for the
grant of a variance under Section 1201.05 of the Shorewood
City Code and has established an undue hardship as defined
by Minnesota Statutes Section 462.375, Subd. 6(2).
2. That based upon the foregoing, the City Council
hereby grants Applicant's request for a variance as set
forth above.
3. That the City 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, 1991.
ATTEST:
'vVW}
J ES C. HURM
C ty Administrator/Clerk