91-068A
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7/11/91
RESOLUTION NO.
68A-91
A RESOLUTION DENYING SUBDIVISION/LOT WIDTH
VARIANCES TO A. J. MELDAHL
WHEREAS, A. J. Meldahl (Applicant) owns an interest in
certain land located at 6180 Cathcart Drive in the City of
Shorewood; and
WHEREAS, Applicant desires to subdivide said land into
three lots, two of which lots would not comply with the
minimum width 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 due deliberation, the Planning Commission recommended
denial of the requested variances; and
WHEREAS, Applicant appeared before the City Council at
their regular meeting held on 24 June 1991 and submitted
additional material concerning the application for
consideration by the Council; and
WHEREAS, the City Council has reviewed the material
submitted by Applicant, the recommendations of the Planning
Commission, the memorandums and reports of the City Planning
Director, and the relevant criteria required for granting
variances.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Shorewood as follows:
FINDINGS OF FACT
1. That Applicant's land is located in an R-1A zoning
district which requires a minimum lot width of 120 feet.
2. That Applicant's proposed subdivision of the land
into three lots results in one lot having a width of over
140 feet, a second lot having a width of only 116.2 feet,
thereby requiring a variance of 3.8 feet, and the third lot
having a width of only 115.2 feet, thereby requiring a
variance of 4.8 feet.
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3. That Applicant's land is of such size and
configuration that a subdivision into three lots can be made
whereby all three lots will have widths of 120 feet or more,
thus obviating the need for variances.
4. That Applicant states that a division of the
property in a manner other than that proposed would result
in additional cost for survey work and refinancing.
CONCLUSIONS
1. That Applicant's additional cost in causing the
subdivision to comply with the zoning requirements of the
code cannot in itself constitute undue hardship if
reasonable use for the land exists.
2. That Applicant's land 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
22nd day of July, 1991.
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ATTEST:
J mes C. Hurm
'ty Administrator/Clerk