90-057
.
RESOLUTION NO. 57-90
A RESOLUTION GRANTING A SET-BACK VARIANCE TO
THOMAS H. HARRIS
WHEREAS, Thomas H. Harris (Applicant) is the owner of real
property located at 4715 Lakeway Terrace in the City of Shorewood, County
of Hennepin, State of Minnsota, legally described as follows:
Lot 20, Block 1, Tonkawood Estates
and
WHEREAS, Applicant proposes to construct a three-season porch
over an existing deck at the rear of his home, which will encroach eight
feet into the rear yard set-back area; 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 28 May 1990, 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 5 June 1990, the Minutes of which meeting are on file at City Hall; and
WHEREAS, the Applicant appeared before the City Council at their
regular meeting on 11 June 1990 at which time the Planner's memorandum was
reviewed and comments were heard by the City Council from the Applicant
and from the City staff.
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-1D
single-family residential zoning district.
(2) That the City Zoning Code requires a 35 foot rear yard
set-back for structures located on property in an R-1D zoning district
(3) T hat the northeasterly corner of the proposed porch would
extend to a distance of 27 feet from the rear property line, requiring a
variance of eight feet.
(4) T hat there exists on the property adjacent to the
Applicant's property to the north, a building having a porch which extends
to a distance of 20 feet from the rear property line.
.
.
.
.
(5) That, because the structure on the adjacent property is
closer to the property line than the required set-back, if the average
set-back is considered, the Applicant's proposed porch would be only
one-half foot from the line resulting from the average of the set-back
distance of the structure on the adjacent property to the north and the
required set-back distance.
(6) That the Applicant's existing home is built back a distance
of 53' from the street right-of-way in the front, whereas a set-back of
only 30 feet is required by the City Zoning Code.
( 7 ) That due to the location of an existing structure on the
adjacent property to the north, and due to the location of Applicant's
existing home on the subject property, it appears that the location of the
porch as proposed by Applicant would effect the most appropriate and
reasonable use of the property, provided there is no further expansion of
Applicant's home to the front.
(8) That the Applicant has established undue hardship and has
satisfied the criteria for the grant of variances under the appropriate
sections 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 an eight foot rear yard set-back
variance, subject to the condition that there be no future expansion of
Applicant's home into the front yard area.
(2) That a certified copy of this Resolution be filed with the
Hennepin County Recorder or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL, of the City
25th day of June, 1990.
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Jan ~u~~'i'~r -
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tau ence E. Whittaker
City Administrator/Clerk
Roll Call Vote:
A yes -
Nays -