89-051
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RESOLUTION NO. ..s- /-.?9
A RESOLUTION GRANTING A SETBACK VARIANCE TO
DA VID MALEY
WHEREAS, David Maley (Applicant) is the owner of real property
located at 4365 Enchanted Drive in the City of Shorewood, County of
Hennepin, State of Minnesota, legally described in Exhibit A, attached
hereto and made a part hereof; and
WH ERE AS, A pplicant has an existing single-family dwelling on the
property; and
WHEREAS, Applicant has applied for a variance to construct a deck
on the rear of the dwelling which will encroach fifteen feet into the rear
yard setback area; and
WHEREAS, the Applicant's original request was reviewed by the
City Planner, and his recommendations were duly set forth in a memorandum
to the Planning Commission dated 2 June 1989, which memorandum is on file
at City Hall; and
WHEREAS, after required notice, a public hearing was held and the
application was reviewed by the Planning Commission at their regular
meeting on 6 June 1989, the minutes of which meeting are on file at City
Hall; and
WHEREAS, the Applicant has amended his request for a variance to
conform to the recommendations made by the City Planner and the Planning
Commission; and
WHEREAS, the Applicant's request for a variance was considered by
the City Council at their regular meeting on 12 June 1989 at which time
the Planner's memorandum and the minutes of the Planning Commission were
reviewed and comments were heard by the Council 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-1C single-family
residential zoning district and is also subject to the requirements of the
.. S" Shoreland District.
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2. That the present City Zoning Code requires thirty-five foot
front yard (street side) setback variance and a fifty foot rear yard (lake
side) setback variance.
3. That Applicant's proposed deck will encroach fifteen feet
into the rear yard setback, but substantially more than the required front
yard setback will be available on the street side of the property.
4. That all four houses to the northwest of Applicant's property
have existing decks that extend closer to the lake than 50 feet.
5. That Shorewood City Code Section 1201. 26, Sub. 5. a.
recognizes situations where adjacent structures are located closer to the
lake than the required setback and provides for altering setbacks to
conform to adjacent building setbacks.
6. T hat the proposed deck addition would constitute a reasonable
use of the land and will not have an adverse effect on neighboring
properties.
7. 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
1. That based upon the foregoing, the City Council hereby grants
the Applicant's request for a 15-foot rear yard setback variance for the
purpose of constructing a deck, subject to the following conditions:
a. That a 50-foot front yard (street side) setback be
maintained at all times.
b. T hat no portion of the deck or stairway shall extend
northwesterly beyond the northwest side of the dwelling.
c. T hat the area below the deck shall not be screened in.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this
26th day of June, 1989.
ATTEST:
Sandra L. Kennelly, City Clerk
Roll Call Vote:
Ayes -
Nays -