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90-004 . . . RESOLUTION NO. 4-90 A RESOLUTION APPROVING A SETBACK VARIANCE FOR ROBERT BROWN WHEREAS, Robert Brown (Applicant) is the owner of real property located at 20680 Garden Road in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, a portion of Applicant's property is located in a designated wetlands and in an area of poor soil; and WHEREAS, Applicant was granted a variance in 1983 to build his existing single-family dwelling; and WHEREAS, Applicant now desires to construct a detached garage on the property on the same building line as the existing house; and WHEREAS, the location of the new garage on the property, along the same setback line of the house, will require a variance similar to the variance granted to the Applicant for the construction of the house; 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 November 30, 1989, 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 December 5, 1989, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's application was considered by the City Council at their regular meeting held on December 11, 1989, at which the Planner's memorandum was reviewed, the minutes of the Planning Commission reviewed, comments were heard from City Council members and staff, and the City Attorney was directed to prepare a resolution setting forth Findings and Conclusions approving the application. 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-1A zoning district which requires a 50 foot, rear-yard setback. ,. . . . ~ 2. T hat the proposed location of the garage would be approximately 36 feet from the rear lot line of the property and therefore require a 14 foot rear-yard setback variance. 3. That due to the poor soil conditions and the location of the wetlands, the garage cannot reasonably be located any closer to the front lot line. 4. That due to the nature of the Applicant's lot and the position of the existing house on the lot, the building site proposed by the Applicant for the detached garage would appear to be the most appropriate and the most reasonable use of the property. 5. That the Applicant has established undue hardship and has satisfied the criteria for the grant of variances under the appropriate 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 14 foot, rear-yard setback variance. 2. T hat a certified copy of this resolution be filed with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of certification hereof. ADOPTED BY THE CITY COUNCIL OF THE CITY OF this 8th day of January, 1990. <~~~.TEST.:( / '\ ., ... ,..n \._)~u:A{,U r J i J ) ~ltl(L~.I.'. Laurence t. Wtllttaker City Administrator/Clerk Roll Call Vote: A yes - Nays -