89-080
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RESOLUTION NO. 80-89
A RESOLUTION DENYING A VARIANCE TO
R. D. NELSON
WHEREAS, R. D. Nelson (Applicant) desires to grade within 20 feet
of the shoreline of Lake Minnetonka in conjunction with the construction
of a new home located at 5230 Howard's Point Road in the City of
S horewood; and
WHEREAS, Shorewood City Code Section 1201.26, Subd. 7.b.(1)(h)
proscribes grading or filling within 20 feet of the normal high water
mark, and Applicant has therefore made application for a variance; and
WHEREAS, a public hearing was held and the application reviewed
by the Planning Commission on 5 September 1989, and, after deliberation,
the Planning Commission prepared a recommendation to the City Council; and
WHEREAS, Applicant and his architect appeared before the City
Council at their regular meeting held on 11 September 1989 and submitted
information concerning the application which he asked the Council to
consider; and
WHEREAS, the City Council further reviewed the application and
the recommendations of the Planning Commission and heard the testimony of
the Applicant's architect; and
WHEREAS, the City Attorney was directed by the Council to prepare
a resolution setting forth findings and conclusions denying Applicant's
application for the requested variance.
NOW, THEREFORE, 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 shoreland zoning
district which does not allow grading or filling within 20 feet of the
shoreline.
2. That Applicant originally submitted a grading plan in
conjunction with a new house to be built on the property, which plan
proposed a 7.5 foot deep swath to be cut on the lake side of the house.
3. T hat a building permit was denied because the plan did not
comply with Section 1201.26, Subd. 7.b. (1) (h) of the City Code which
imposes a restriction on the grading and filling of lakeshore property.
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4. That Applicant subsequently submitted a revised grading plan
which complied with all provisions of the City Code, and which included a
drainage plan that was approved by the City Engineer.
5. That based upon the revised plan submitted by the Applicant,
the City issued a building permit for the new home, which Applicant
subsequently constructed.
6. That Applicant now requests approval of a new grading plan
which contemplates grading within 20 feet of the shoreline. That
Applicant justifies his request on the grounds of improved drainage and a
better lake view.
CONCLUSIONS
1. That the variance requested by the Applicant is contrary to
the intent of the Shoreland District, which is to protect and preserve the
natural character of shoreland areas.
2. T hat the property can be put to a reasonable use and is in
effect being put to a reasonable use under the conditions allowed by the
provisions of the zoning code.
3. That the present plight of the Applicant is due to
circumstances created by the Applicant and is not a result of
circumstances unique to the property.
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 request for the variance set forth above is
hereby denied.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
25th day of September, 1989.
ATTEST:
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Sandra L. Kennelly, City Clerk
Roll Call Votes:
Ayes -
Nays -