90-005
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RESOLUTION NO. 5-90
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
AND A SETBACK VARIANCE TO
JEFFREY TRONSOR
WHEREAS, Jeffrey Tronsor (Applicant) is the owner of real
property located at 4365 Enchanted Point in the City of Shorewood, County
of Hennepin, State of Minnesota, legally described as follows:
Lot 9, Block 1, Enchanted Park
and
WHEREAS, Applicant has an existing single-family dwelling located
on such property which does not meet the side-yard setback requirements,
being only two (2) feet from the west property line and sixteen (16) feet
from the east property line; and
WHEREAS, Applicant desires to replace the existing dwelling with
a new home, the location of which would require a side-yard setback
variance; and
WHEREAS, the property does not meet the mImmum lot area or width
requirements of the current zoning ordinance, and therefore a conditional
use permit is required for the construction of a new dwelling; and
WHEREAS, the property does not meet the minimum width
requirements for a conditional use permit and therefore requires an
additional variance to the ordinance; and
WHEREAS, the Applicant's request has been reviewed by the City
Planner and his recommendations have been duly set forth in his memorandum
to the Planning Commission dated November 29, 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 time
the Planner's memorandum was reviewed, the minutes of the Planning
Commission were reviewed, comments were heard from the City Council
members and staff, and the City Attorney was directed to prepare a
resolution setting forth findings and conclusions approving the
application.
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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 a R-IC zoning
district which requires a lot to contain a minimum of 20,000 square feet
of area and to have a minimum width of 100 feet.
2. T hat the subject property contains approximately 17,951
square feet, or approximately 90% of the R-1C requirement, and tapers in
width from 68 feet along Enchanted Point to 55 feet at the lake, being
only 66% of the lot width requirement.
3. That the Shorewood Zoning Ordinance provides for the granting
of a Conditional Use Permit for construction of a dwelling in instances
where the property is within 70% of the area requirements of the district
in which the property is located, and therefore the property meets the
requirements for the granting of the Conditional Use Permit as to the area
requirements.
4. That inasmuch as the subject property has a width of less
than 70% of the width requirement for the district, the property does not
meet the requirements for the granting of a Conditional Use Permit and
variance would therefore be required.
5. T hat the district in which the property is located requires a
total side yard setback of 30 feet, whereas the Applicant proposes to
construct a dwelling with setbacks of approximately 15 feet on the east
side and 13 feet on the west side, therefore requiring a variance of 2
feet.
6. That the replacement of the existing dwelling with a new home
would constitute a substantial improvement to the lot and would be a
benefit to the neighborhood.
7. T hat the size of the proposed dwelling and its location on
the property would be in keeping with the size and location of other homes
in the neighborhood.
8. That due to the configuration and typography of the lot, the
building site proposed by the Applicant would appear to be the most
appropriate and the most reasonable use of the property.
9. That the Applicant has established undue hardship and has
satisfied the criteria for the grant of a conditional use permit and
variances under the appropriate sections of Minnesota Statutes and the
Shorewood City Code.
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CONCLUSIONS
T hat based upon the foregoing, the City Council hereby grants the
Applicant's application for variances and a conditional use permit as set
forth above, subject to the following conditions:
1. T hat construction on the site shall comply with the shoreland
impact plan as set forth in Exhibit A attached hereto and made a part
hereof
2. That all site work comply with Shorewood City Code Section
1201.26, Subd. D 7.
3. That any future construction shall maintain a 13 foot
side-yard setback on the west side and a 17 foot side-yard setback on the
east side.
4. T hat a certified copy of this resolution, together with the
Exhibits attached thereto, 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
this 8th day of January, 1990.
,~'1'TEST: ." r , i.. t
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'\. k)lt,\ttL{t~t ,Lt kLJ/t6" ,,f/'t..,
Laurence E. Whittaker
City Administrator I Clerk
Roll Call Vote:
A yes -
Nays -
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I hereby certify that th
me or under my direct Is survey was prepared b
duly Registered lan" s~upervlslon and that I am ~.
State of IHnnesota," rveyor under the laws of the
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LE~l DESCRIPTI6N'
tot 9, IlloCI< I, ENCIIANTED PARK
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Scale
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1 Inch.. 30 feet
10-5-89
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Exhibi t A
SHORELAND IMPACT PLAN