91-067
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6/19/91
RESOLUTION NO. 67-91
A RESOLUTION DENYING SETBACK VARIANCES TO
JOHN EINHORN
WHEREAS, John Einhorn (Applicant) desires to construct a new home
to replace his existing home on property located at 5580 Howards Point
Road in the City of Shorewood; and
WHEREAS, the proposed location of the new home on the property
does not comply with the setback 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 deliberation, the
Planning Commission recommended denial of the requested variances; and
WHEREAS, Applicant appeared before the City Council at their
regular meeting held on 10 June 1991 and submitted additional material
concerning his application which he asked the Council to consider; and
WHEREAS, the City Council has reviewed the material submitted by
the Applicant, the recommendations of the Planning Commission, and the
memorandums and reports of the City Planning Director.
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 an R-1A zoning
district which requires a 50-foot front yard setback and 50-foot
side-yard-abutting-a-street setback.
2. That Applicant's existing home encroaches into the 50-foot
front yard setback area on Howards Point Road and into the 50-foot side
yard setback area on Island View Road and is therefore a non-conforming
structure.
3. That the Shorewood Zoning Code provides that when a
non-conforming structure is destroyed to the extent of more than 50% of
its value, or the non-conforming use of the land is discontinued, any
future use of the structure or land shall comply with the provisions of
the zoning code.
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4. That Applicant requests variances to permit construction of a
new home extending 40.6 feet from the easterly lot line on Howards Point
Road and 42 feet from the northerly lot line of his property on Island
View Road.
5. That Applicant's request requires a 9.4 foot setback variance
on the east side of the property and an 8 foot setback variance on the
north side of the property.
6. T hat A pplicant claims a loss of view of Lake Minnetonka,
possible loss of mature pine trees, and the location of other
non-conforming buildings in the area as justification for his requested
variances; however, it appears that the Applicant's proposed new home can
be constructed on the property in such manner as to preserve the existing
trees and still meet the setback requirements of the zoning code.
CONCLUSIONS
1. That the variances requested by the Applicant constitute a
significant deviation from the requirements of the Shorewood Zoning Code.
2. That Applicant's property 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
24th day of June, 1991.
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Barbara J. Brancel, Mayor
ATTEST:
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James C. urm
. City Administrator/Clerk