90-092
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RESOLUTION NO. 92-90
A RESOLUTION GRANTING A VARIANCE TO
W. ROBERT ANDERSON
TO ADD ON TO A NON-CONFORMING STRUCTURE
WHEREAS, W. Robert Anderson (Applicant) is the owner of real
property located at 5725 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 on the
property which extends 23 feet into the 75-foot lakeshore front yard
setback area; and
WHEREAS, Applicant has applied for a variance to construct an
addition to the existing building consisting of a solarium on the lakeside
of his home, which addition will extend an additional three (3) feet into
the front-yard setback area; and
WHEREAS, after required notice a public hearing and the
application reviewed by the Planning Commission at a regular meeting held
on 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 memorandum was 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 setback variance.
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-1C, single-family
residential zoning district and is also subject to the requirements of the
S, Shoreland District, which requires a lakeshore setback of 75 feet.
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2. T hat the existing building on the property extends to within
52 feet of the ordinary high water mark, and the building is therefore a
non-conforming structure.
3. T hat the proposed addition will extend to a distance of 48. 5
feet of the high water mark and will thus increase the non-conformity of
the building.
4. That any addition to a non-conforming structure which
increases the non-conformity requires the variance pursuant to the
Shorewood City Code.
5. That Applicant therefore requires a variance to increase the
non-conformity of the existing non-conforming structure and a variance of
26.5 feet from the front-yard setback requirement of the zoning code.
6. T hat there presently exists a deck which extends from the
front of the building to within 48.5 feet of the high water mark and the
proposed solarium would not extend further into the setback area than the
existing deck.
7. That numerous large and mature trees growing on the property
shade the front of the building except at the location of the proposed
solarium.
8. That due to the configuration of the lot and location of the
building on the lot, the proposed location of the solarium would be the
most appropriate site.
9. That Applicant's proposal for the addition of a solarium to
the existing building would be a reasonable use of the property and would
have minimal impact on the neighboring properties.
CONCLUSIONS
1. That the 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.
2. That based upon the foregoing, the City Council hereby grants
the Applicant's request for a variance as set forth above.
3. That the City Administrator/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.
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ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
10th day of September, 1990.
(~'T E ST : C C'\ l-+r/--' ~
\.,' ~1/VitU' L'~ .J)k-LLt~.,tu',-"
ta rence E. Whittaker
City Administrator/ Clerk
Roll Call Vote:
Ayes - )~
Nays - 0