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89-098 . . . RESOLUTION NO. 98-89 A RESOLUTION APPROVING A SETBACK VARIANCE FOR W. BRUCE HUBBARD WH ERE AS, W. Bruce Hubbard, (A pplicant), is the fee owner of real property located at 19545 Highway 7 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 was originally granted a variance by the City to construct a building on the property at a distance of 35 feet from the west lot line of the property, as the lot line was then determined to be located; and WHEREAS, a more recent survey indicates a possible error in the original survey of the lot, and it now appears that a portion of the building may be located at a distance of 18. 5 feet from the lot line of the property as located by the more recent survey; and WHEREAS, the existing location of a portion of the building in relation to the lot line, as determined by the most recent survey, would therefore require Applicant to obtain an additional side-yard setback variance; and WHEREAS, Applicant's request for the additional variance was reviewed by the Shorewood Planning Commission at a public hearing held on 7 November 1989, for which notice was duly given. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the applicable Shorewood City Code provision requires a 50 foot side-yard setback. 2. That at the time Applicant constructed the building on the property, Applicant was granted a 15 foot side-yard setback on the west side of the property based upon the proposed location of the building in relation to the lot line as shown in the survey available to Applicant at the time. 3. T hat a more recent survey indicates the westerly lot line to be shifted easterly a distance of 16.5 feet, which would bring a portion of the building to within 18.5 feet of the newly determined location of the lot line. . . . 4. That in order to conform to the requirements of the Shorewood City Code, Applicant would need an additional variance of 16.5 feet, or a total variance of 31. 5 feet from the setback required by the Shorewood City Code. 5. That the Applicant has no alternative means of achieving a reasonable use of the property under the terms of the setback requirements, the plight of the Applicant is due to circumstances not anticipated or controlled by the Applicant and, if granted, the variance will not alter the essential character of the area. CONCLUSIONS 1. That the Applicant has satisfied the criteria for the grant of variances under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined by M. S. 462.357, Subd. 6 (2) . 2. T hat the A pplicant is hereby granted a variance of 31. 5 feet from the setback requirement of 50 feet on the west lot line of the property, and is permitted to retain its existing building located approximately 18. 5 feet from the newly established westerly lot line. BE IT FUR T HER RESOLVED that the City Clerk furnish Applicant with 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 20th day of November, 1989. Jan Haugen, Mayor ATTEST: Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: Ayes - Gagne, Haugen, Stover, Watten Nays - 0 , , . . . EXHIBIT A PARCEL 1: That part of the Southeast Quarter of the Southeast Quarter, Section 25, Township 117, Range 23, described as beginning at a point on the West line thereof, distant 153 feet South from the intersection of said West line with the Southerly line of State Trun~ Highway No.7; thence North along said West line 1~3 feet to the Southerly line of State Trunk Highway No.7; thence Northeast~rly, along said Southerly line a distance of 100 feet; thenc! Southeasterly, deflecting to the right 98 degrees 00 minutes a distance of 119 feet; thence Southwesterly to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 640421 1/2. PARCEL 2: All of Lot 26, "Auditor's Subdivision Number One Hundred Forty One" (141) Hennepin County, Minnesota, Except that part thereof described as follows: That part of the Southeast Quarter of the Southeast Quarter, Section 25, Township 117, Range 23, described as beginning at a point on the West line thereof, distant 153 feet South from the intersection of said West line with the Southerly line of State Trunk Highway No. 7; thence North along said West line 153 feet to the Southerly line of State Trunk Highway No.7; thence Northeasterly, along said Southerly line a distance of 100 feet; thence Southeasterly, deflecting to the right 98 degrees 00 minutes a distance of 119 feet; thence Southwesterly to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota; also, EXCEPT the South 910 feet thereofl Also that part of Lot 23, "Auditor's Subdivision Number One Hundred Forty One" (141) Hennepin County, Minnesota lying West of the East line of said Lot 26 extending Northerly, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Abstract Property.