90-091
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RESOLUTION NO.
91-90
A RESOLUTION CONCERNING SETBACK VARIANCES FOR
CHESTER YANIK
WHEREAS, Chester Yanik (Applicant) is the owner of certain real
property 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, Applicant has constructed a deck and gazebo at the rear of
his home located at 4245 Enchanted Lane in the City of Shorewood, the
locations of which deck and gazebo do not comply with the lakeshore setback
requirements of the Shorewood Zoning Code, and Applicant has therefore made
application for variances; and
WHEREAS, a public hearing was held and the application reviewed by
the Planning Commission on 17 July 1990, and, after deliberation, the
Planning Commission prepared recommendations to the City Council; and
WHEREAS, Applicant appeared before the City Council by his attorney
at a regular Council meeting held on 23 July 1990, at which time the City
Council reviewed the application and the recommendations of the Planning
. Commission; and
WHEREAS, after due deliberation and review of the background
concerning the application, the Council directed the City A ttorney to prepare
a resolution setting forth Findings and Conclusions approving a 15-foot rear
yard setback variance for the deck and denying all other variances for the
deck and gazebo.
NOW, THEREFO RE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. T hat the subject property is located in a lake shore zoning
district which requires a 50-foot rear yard setback and a 10-foot minimum/30
foot total side yard setback.
2. T hat a 15-foot rear yard setback variance permitting the
construction of a deck extending up to 35 feet from the lakeshore had been
previously granted to the Applicant in 1981.
3. That Applicant has constructed a deck at the rear of his home
which extends up to approximately 28 feet from the shoreline, and has
constructed a gazebo which extends up to approximately 35 feet from the
shoreline.
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4. That Applicant has previously applied for variances to construct
such deck and gazebo, and on January 23, 1989, after due proceedings, the
City Council passed Resolution No. 10-89 denying said variances.
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5. That notwithstanding the City's denial of such variances,
Applicant has refused to proceed with the removal of such deck and gazebo
which remain in violation of City Zoning Code.
6. That Applicant now proposes to move the gazebo to the east side
of the lot so as to conform to the 50-foot lakeshore setback. However, a
move to such location will then require a 7-foot side yard setback variance.
7. That Applicant has requested that the deck be allowed to remain
in its present location and has reapplied for a rear yard setback variance.
CONCLUSIONS
1. That the Applicant has presented no new circumstances of
hardship not previously considered by the Council in its Findings of January
23, 1989, which would warrant a change in the Findings.
2. T hat the property can be put to a reasonable use under the
conditions imposed by the Shorewood Zoning Code and pursuant to a 15-foot
rear yard setback variance such as was previously granted to Applicant for
his deck.
3. That the present plight of the Applicant in respect to the
location of the deck and gazebo is the result of a circumstance created by
the Applicant and is not in itself an element of hardship.
4. That Applicant has not met the criteria for the grant of a
variance under Section 1201.05 of the Shorewood City Code and has not
established an undue hardship as defined by Minn. Stat. Section 462.357,
Subd. 6(2).
5. That Applicant's requests for a 22-foot rear yard setback
variance for the deck and a 7-foot side yard setback variance for the gazebo
are hereby denied.
6. That a 15-foor rear yard setback variance for the deck is hereby
granted, such that the front line of the deck is permitted to continue in a
straight line westerly from the middle portion of the deck, on the condition
that the excess portion of the deck be dismantled and removed within 60 days
from the date hereof.
ADOPTED BY THE CITY COUNCIL OF THE
this 10th day of September, 1990.
CITY OF SHOR WOOD
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Laurence E. Whittaker
City Administrator/Clerk
Roll Call Vote:
Ayes - S-
Nays - 0
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LEGAL DESCRIPTION
"Lots 5 and 6, Block 1, Enchanted Park, Hennepin County, Minnesota."
EXHIBIT A