91-025
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RESOLUTION NO. 25-91
A RESOLUTION GRANTING A VARIANCE TO CONSTRUCT
A FENCE
WHEREAS, William Miller (Applicant) is the owner of certain real
property located at 25780 Sunnyvale Lane, in the City of Shorewood, County
of Hennepin, State of Minnesota, legally described as:
Lot 5, Block 1, Shorewood Acres 1st Addn.
and
WHEREAS, Applicant is the owner of a homestead structure on said
property, and has constructed a fence enclosure five feet high on the
southwest portion of the property which extends into the 35 foot setback
areas along the rear and side lot lines of the property; and
WHEREAS, the Shorewood City Code requires that a fence be no
higher than four feet when located along a boundary line of the property
within the setback area;
WHEREAS, Applicant has applied for a variance to permit the fence
to remain in its present location as a non-conforming fence; and
WHEREAS, a public hearing was held by the Shorewood Planning
Commission to consider the variance on 5 February 1991, for which notice
was duly published and all adjacent property owners duly notified; and
WHEREAS, the Applicant appeared before the City Council at their
regular meeting on 25 February 1991, at which time the Council heard
comments from the floor and from the City staff; and
WHEREAS, the City Attorney was directed by the City Council to
prepare a Resolution setting forth findings and conclusions approving the
Applicant's request for a variance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
(1) That Applicant's lot is a corner lot which requires a 35
foot setback along the two corner boundary lines of the property, thus
limiting the area within the lot wherein a fence in excess of four feet in
height could be constructed.
(2) T hat the existing 5 foot high fence replaces an old four
foot high garden fence which was previously located in approximately the
same location.
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(3) T hat a fence 5 feet in height is necessary to contain
Applicant's two dogs within his yard area.
(4) T hat by conforming to the setback requirements and
relocating the 5 foot fence to an area within his yard permitted by the
City Code the Applicant would be precluded from the use df his yard for
other purposes, such as the construction of a swimming pool.
(5) That Applicant's neighbor on the north has a fence 6 feet in
height located within the setback area.
CONCLUSIONS
(1) That the existing 5 foot fence enclosure on the Applicant's
property, appears to be an appropriate method of containing Applicant's
dogs within his yard.
(2) That requiring the Applicant to remove the fence would
constitute a hardship to the Applicant and that the location of the fence
in its present position constitutes a reasonable use of the land.
(3) T hat based upon the foregoing, the City C ounci! hereby
grants the Applicant's request for a variance as set forth hereinabove.
(4) That the City Clerk furnish Applicant with a certified copy
of this Resolution for recording purposes.
ADOPTED BY THE CITY COUNCIL OF THE
11th day of March, 1991.
CITY OF SHOREWOOD this
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Barbara J( Brancel, Mayor
ATTEST:
Bradley J. Nielsen
Acting City Administrator/Clerk
Roll Call Vote:
A yes -
Nays -