89-073
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RESOLUTION NO. 73-89
A RESOLUTION GRANTING A LOT AREA VARIANCE
TO JAMES MILLER
WHEREAS, James Miller (Applicant) is the owner of real property
located at 5860 Hillendale Road, City of Shorewood, County of Hennepin,
State of Minnesota, legally described in Exhibit A, attached hereto and
made a part hereof; and
WHEREAS, Applicant desires to construct a single-family
residential dwelling on the subject property; and
WHEREAS, the Subject Property contains less than the minimum
square footage permitted by the Shorewood Zoning Code for the district in
which it is located to be considered a buildable lot, and Applicant has
therefore applied for a lot variance; and
WHEREAS, after required notice a Public Hearing was held and the
application reviewed by the Shorewood Planning Commission at their regular
meeting on 5 September 1989, the minutes of which meeting are on file at
City Hall.
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-1A single-family
residential zoning district which requires minimum square footage of
40,000 square feet per lot.
2. That the land use and zoning surrounding the Subject Property
are as follows:
north
undeveloped; zoned R-1C (minimum square footage of
20,000 square feet per lot)
single family residential; zoned R-1A (minimum square
footage of 40,000 square feet per lot)
two-family and single-family residential; zoned R-1A
(minimum square footage of 40,000 square feet per lot)
single-family residential; zoned R-1C (minimum square
footage of 20,000 square feet per lot).
east
south
west
3. That the Subject Property contains 25,500 square feet of area
or approximately 62.5 percent of the square footage required in the zoning
district and is therefore considered a substandard lot.
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4. That Section 12.01.03 Subd. 2.c. (3) of the City Code provides
that substandard lots may be built upon providing they contain at least 70
percent of the minimum lot size required for the district in which they
are located.
5. That the Subject Property falls approximately 11 percent
short of meeting the area requirement to be buildable as a substandard lot
and therefore requires a variance for use as a residential lot.
6. That the single-family residential dwelling which Applicant
proposes to construct on the property meets all other provisions of the
zoning code.
7. That a single-family dwelling built on the Subject Property
would be in keeping with the character of the surrounding neighborhood,
which is a mixture of single and two-family residences, and Applicant's
lot is larger than some lots in the vicinity and smaller than others.
CONCLUSIONS
1. T hat the construction of a single-family residence on the
Subject Property will not alter the essential character of the locality.
2. That Applicant has no alternative means of achieving a
reasonable use of the property under the terms of the zoning code.
3. That Applicant has satisfied the criteria of the grant of a
variance under Section 1201.05 of the Shorewood City Code and has
established an undue hardship as defined by Minnesota Statutes Section
462.375, Subd. 6(2).
4. That based upon the foregoing, the City Council hereby grants
the Applicant's request for a variance as set forth above.
5. That the City 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.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this
11th day of September, 1989.
Jan Haugen, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk
Roll Call Vote:
Ayes - 4
Nays - 0
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LEGAL DESCRIPTION
"All that part of Lot 113. Auditor's Subdivision Number One Hundred and
Twenty. Hennepin County. Minnesota, lying north of the following described
line: Beginning at a point on the southeasterly line of said Lot 113,
which point is 171.5 feet southwesterly, measured along said southeasterly
line from the northeast corner of said Lot 113; thence running parallel to
the northerly line of said Lot to the northwesterly line of said Lot 113
and there terminating. ALSO: All that part of Lot 113, Auditor's
Subdivision Number One Hundred and Twenty, Hennepin County, Minnesota,
lying northeasterly of the following described line: Commencing at a point
on the line described in the above description which point is 15 feet west
of the point of beginning of said line; thence running southeasterly to a
point on the southeasterly line of said Lot 113, which point is 15 feet
southwesterly from the point of beginning of the line described in the
above description and measured along said southeasterly line of said Lot
113. "
EXHIBIT A