91-041
4/17 /91
.
RESOLUTION NO. 41-91
A RESOLUTION DENYING VARIANCES TO
HERBERT MASON
FOR THE CONSTRUCTION OF A GAZEBO
WHEREAS, Herbert Mason (Applicant) has constructed a 12 foot by 12
foot gazebo without a building permit on the west side of his home on his
property located at 2710110 Edgewood Road in the City of Shorewood, County of
Hennepin, State of Minnesota; and
WHEREAS, said gazebo was constructed in such manner and location
that it does not comply with the side-yard setback requirements of the
Shorewood Zoning Code, and Applicant therefore requires a setback variance in
order to maintain the gazebo in its present location; and
WHEREAS, there already exists two single-family dwellings on the
property which do not comply with the use requirements of t.he Shorewood
Zoning Code and, therefore, are existing as a non-conforming use of the
property; and
WHEREAS, Applicant has made application for a variance to permit the
expansion of an existing non-conforming use of the property to permit the
additional use of the property for a gazebo; and
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WHEREAS, a public hearing was held and the application reviewed by
the Planning Commission, and, after due deliberation and review, the Planning
Commission recommended denial of the variances; and
WHEREAS, a further review of the application was had before the City
Council at their regular meeting held on 8 April 1991, at which time the
Planning Commission recommendations were reviewed and reports received from
the City Planner and City Attorney; and
WHEREAS, after due deliberation and a review of the criteria
required for the granting of variances, the City Council directed the City
Attorney to prepare a resolution setting forth Findings and Conclusions
denying Applicant's application for the requested variances.
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-1C, single-family
residential zoning district and is also subject to the requirements of the S,
Shoreland (overlay) district.
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It
2. That the R-1C zoning district requires a side-yard setback of 20
feet whereas Applicant's gazebo is presently constructed within 17 1/2 feet
of the westerly side yard lot line.
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3. That Shorewood City Code Section 1201.03, Subd. 2.c. (4),
specifically limits the use of a residential lot to one principal building.
4. That Applicant's property is presently occupied by two principal
buildings and therefore constitutes a non-conforming use of the property.
5. That the use of the property for a gazebo would be an expansion
of a non-conforming use of the property.
6. That the Shorewood Zoning Code makes no provision for the
expansion of a non-conforming use of residential property, and further
provides that is the intent of the Code is that all non-conforming uses shall
be eventually brought into conformity.
7. That Applicant neglected to apply for a building permit for the
construction of the gazebo prior to its construction and that said gazebo
therefore constitutes an illegal structure on the property.
CONCLUSIONS
1. That the the variances requested by the Applicant constitute a
substantial deviation from the requirements of the Shorewood Zoning Code.
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2. That the property can be put to a reasonable use, and, in fact,
already has been put to a reasonable use without the construction of the
gazebo on the lot.
3. That the present plight of the Applicant concerning the
illegally constructed gazebo is due to circumstances created by the Applicant
and is not a result of circumstances unique to the property.
4. 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 not
established an undue hardship as defined by Minn. Stat. Section 462.357,
Subd. 6(2).
5. That Applicant's request for the variances set forth above are
hereby denied.
ADOPTED BY THE CITY COUNCIL OF THE
22nd day of April, 1991.
-~
elsen
Administrator I Clerk
CITY OF SHOREWOOD this
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laibara J. l-bfi'cel, Mayor
. Roll Call Vote:
Ayes - Brancel, Gagne, Stover, Daugherty, Lewis
Nays - 0 -
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