90-093
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RESOLUTION NO. 93-90
A RESOLUTION GRANTING A VARIANCE TO
ROCKFORD WALDIN
TO ADD ON TO A NON-CONFORMING STRUCTURE
AND A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE
WHEREAS, Rockford Waldin (Applicant) is the owner of real
property located at 5755 Merry Lane, City of Shorewood, County of
Hennepin, State of Minnesota, legally described in Exhibit A, attached
hereto and made a part hereof; and
WHEREAS, Applicant has an existing single-family dwelling, which
dwelling is located entirely within the 75 foot lakeshore setback area;
and
WHEREAS, Applicant has applied for a variance to construct an
addition at the rear of the existing building consisting of a two-story
living space addition, a 1,338 square foot garage/workshop addition, and a
three-season porch addition on the south side of the existing building,
which will lengthen the existing three-season porch by six (6) feet, all
of which is within the setback area; and
WHEREAS, the Shorewood City Code requires a Conditional Use
Permit for the construction of accessory space containing a total square
footage in excess of 1,200 square feet; and
WHEREAS, after required notice a public hearing was held and the
application reviewed by the Planning Commission at regular meetings held
on 17 July 1990 and 7 August 1990, the minutes of which meeting are on
file at City Hall; and
WHEREAS, the Applicant appeared before the City Council at a
regular meeting of the Council held on 27 August 1990, at which time the
Planner's memoranda were reviewed and comments were heard by the Council
from the Applicant 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 and conditional use permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
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FINDINGS OF FACT
1. T hat the subject property is a lakeshore lot located in a
R-1A single-family residential zoning district which requires a 75 foot
lakeshore setback.
2. T hat the existing building on the property is located
entirely within the lakeshore setback area and is therefore a
non-conforming structure.
3. T hat the proposed rear-yard addition will extend
approximately nine (9) feet into the lakeshore setback, and the porch
addition at the south side of the existing building will extend
approximately nineteen (19) feet into the lakeshore setback area, both of
which additions will increase the non-conformity of the structure.
4. That any addition to a non-conforming structure which
increases the non-conformity requires a variance pursuant to the Shorewood
City Code.
5. T hat the total proposed accessory space (1,338 square feet)
does not exceed the "footprint" area of the principal structure (2,217
square feet).
6. T hat the total area of the accessory space does not exceed
ten per cent (10%) of the minimum lot area for the R-1A zoning district in
which it is located (4,000 square feet).
7. T hat the two-story addition and garage/workshop at the rear
of the existing building and the extended three season porch on the south
side of the building have been designed as an integral part of the
existing home and the building is architecturally appropriate for the
area.
8. That due to the configuration of the lot and the location of
the existing building on the lot, the Applicant has no alternative means
of achieving a reasonable use of the property under the terms of the
zoning code.
9. That the additions proposed by the Applicant constitute a
reasonable use of the property and would have minimal impact on the
neighboring properties.
CONCLUSIONS
1. That Applicant has satisfied the criteria for the grant of
variances under the Shorewood City Code and has established an undue
hardship as defined by Minnesota Statutes.
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2. T hat A pplicant has satisfied the criteria for the grant of a
conditional use pernrlt under the Shorewood City Code and Minnesota
Statutes.
3. That based upon the foregoing, the City Council hereby grants
the Applicant's request for variances and a conditional use permit as set
forth hereinabove.
4. That the City Adnrlnistrator/Clerk is hereby authorized and
directed to provide a certified copy of this resolution for filing with
the Hennepin County Recorder or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
10th day of September, 1990.
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\- L urence E. Whittaker
City Adnrlnistrator/Clerk
Roll Call Vote:
Ayes - .:;
Nays - 0
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LEGAL DESCRIPTION
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"Lot 190 and that part of Lot 191, which lies southerly of the following
described line: Commencing at the northeast corner of Section 35, Township
117, Range 23, Hennepin County, Minnesota; thence south along the east line
of said Section 35 a distance of 103.00 feet; thence southwesterly
deflecting right 37 degrees, 15 minutes, 48 seconds a distance of 2224.14
feet to the point of beginning of the line to be described; thence
southeasterly deflecting left 91 degrees 22 minutes 41 seconds a distance
of 56.57 feet, thence s~utheasterly deflecting right 9 degrees 55 minutes
43 seconds a distance of 148.95 feet; thence northeasterly deflecting left
68 degrees 30 minutes 21 seconds to the shoreline of Christmas Lake and
said line there ending, Auditor's Subdivision Number One Hundred and
Twenty, Hennepin County, Minnesota, according to the plat thereof on file
or of record in the office of the Registrar of Titles in and for said
County. II
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EXHIBIT A