89-067
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RESOLUTION NO.
b1-R9
A RESOLUTION GRANTING A SETBACK VARIANCE TO
NICHOLAS DENNIS
WHEREAS, Nicholas Dennis (Applicant) is the owner of real property
located at 5360 Howard's Point Road 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 single family dwelling on the
property which includes a concrete patio on the lake side which encroaches
approximately five feet into the setback area required by the Shorewood City
Code; and
WHEREAS, Applicant has applied for a variance to permit him to keep
the patio in its present location; and
WHEREAS, a public hearing was held and the application reviewed by
the Planning Commission on 18 July 1989.
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 R -1A Zoning District
and is also subject to the requirements of the "S" Shoreland District.
(2) That the Shorewood City Code requires a setback of 50 feet from
the ordinary high water mark for construction in the Shoreland District.
(3) That the Applicant's concrete patio encroaches into the
required setback area by approximately five feet.
(4) That the house on the south side of Applicant's property
encroaches approximately 32 feet into the required setback area with a deck
extending over the lake, and the house on the north side of Applicant's
property encroaches approximately 30 feet into the required setback area with
a deck extending to within eight feet of the shoreline.
(5) That Section 1201.26 Subd. Sa. (3) of the Shorewood City Code
specifically recognizes and provides for situations where structures on
properties adjoining the Applicant's property are closer to the shoreline
than the setback requirement permits.
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(6) That Applicant has designed his house to comply with all other
setback requirements, and has offered to grant the City a drainage easement
along the south end of his property which will resolve a recently identified
drainage problem.
( 7 ) That due to the location of the structures on both sides of the
Applicant's property, the location of Applicant's concrete patio would not
have an adverse effect on neighboring properties and would be considered a
reasonable use of the land.
(8) That the Applicant has established undue hardship and has
satisfied the criteria for the grant of a variance under the appropriate
sections of Minnesota Statutes and the Shorewood City Code.
CONCLUSIONS
That based upon the foregoing, the City Council hereby grants the
Applicant's request for a five foot rear yard setback variance on the lake
shore side of his property, subject to the following conditions:
1. That Applicant furnish the City with an up-to-date (within 30
days) title opinion for the property for review by the City Attorney.
2. That Applicant grant the City a permanent easement for drainage
and utlity purposes over, under, and across the southerly 20 feet of
Applicant's property, said easement to be duly executed by all parties shown
to have an interest in the property.
3. 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 of Shorewood this
14th day of August, 1989.
ATTEST:
Sandra L. Kennelly, City Clerk
Roll Call Vote:
Ayes -
Nays -
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LEGAL DESCRIPTION
"That part of Lot 9 which lies southerly of a line commencing at southeast
corner of Lot 9 thence northeasterly to northeast corner thereof being
actual point of beginning then southwesterly deflecting 122 degrees 26
minutes 06 seconds to the left to shore of lake and there terminating.
Rowards Point."
EXHIBIT A