91-006
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1/30/91
RESOLUTION NO. 6-91
A RESOLUTION GRANTING A SET-BACK VARIANCE TO
GEORGE FOX
WHEREAS, George Fox (Applicant) is the owner of real property
located at 4905 Sussex Place in the City of Shorewood, County of Hennepin,
State of Minnesota, legally described as follows:
Lot 2, Block 7, Amesbury, 12th Addition
and
WHEREAS, Applicant has constructed a deck and gazebo at the
northwest corner of his home, which gazebo encroaches ten feet into the
common area of the development; and
WHEREAS, the Applicant's request has been reviewed by the City
Planner, and his recommendations have been duly set forth in a memorandum
to the Planning Commission dated 27 November 1990, which memorandum is on
file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the
application reviewed by the Planning Commission at their regular meeting
on 4 December 1990, the minutes of which meeting are on file at City Hall;
and
WHEREAS, the Applicant and his representative appeared before the
City Council at their regular meeting on 10 December 1990, at which time
the Planner's memorandum was reviewed and comments were heard by the
Council from the Applicant, his representative, and from the City staff.
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 the Amesbury Planned
Unit Development (P. U. D . ) .
2. T hat the gazebo was not constructed within the buildable area
as described in the Development Agreement for the Amesbury P. U. D., and
presently encroaches approximately ten feet into the common area of the
development.
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3. That the Amesbury Declaration of Covenants, Conditions and
Restrictions does not provide for a "gazebo" as a permitted encroachment
into the common area.
4. That the Shorewood City Code makes no provIsIon for "gazebos"
but does require an "accessory building" to be constructed within the
buildable area of the lot.
5. T hat the construction of an accessory building extending
outside of the buildable area of this lot requires the grant of a variance
upon a showing of hardship.
6. That Applicant's gazebo is located at the northwest corner of
his residence, which is an end structure within the development and is
distant approximately 56 feet from the westerly boundary of the Amesbury
P.U.D.
7. T hat the typography of the lot is such that the present site
of the gazebo appears to be in keeping with the most appropriate and
reasonable use of the property.
8. That the design of the gazebo is in character with the main
building, is compatible with other structures in the P. U. D ., and has been
approved by the Landscape and Architectural Committee of the Amesbury
Homeowners Association.
9. That the Applicant's construction of the gazebo without first
having obtained a building permit was inadvertent and with the mistaken
impression that approval by the Landscape and Architectural Committee was
sufficient authorization to proceed with the construction.
10. That the Applicant has established undue hardship and has
satisfied the criteria for the grant of variances under the appropriate
sections of Minnesota Statutes and the Shorewood City Code.
CONCLUSIONS
1. That based upon the foregoing, the City Council hereby grants
the Applicant's request for a ten foot side yard set-back variance at the
northwest corner of his lot.
2. That said grant is conditioned upon the Applicant's obtaining
a building permit from the City and paying all of the City's fees and
costs associated herewith.
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ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 14th day of
January, 1991.
1ftp1b,14Ikt~uJ )rt~L,"
Barbar~.' Brancel, MaYOr
~\E~T;'/J. ~~,) /l '~/J
e.aae~l" " ~;d.i!.,J
radley J elsen
Acting C ,/ Administrator/Clerk
Roll Call Vote:
Ayes - Brancel, Daugherty, Gagne, Lewis, Stover
Nays - 0