89-011
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RESOLUTION NO. /1- 7 q
A RESOLUTION DENYING A VARIANCE TO
LUNDGREN BROS. CONSTRUCTION, INC.
WHEREAS, Lundgren Bros. Construction, Inc. (Applicant) has
requested a fence height variance for Lot 21, Block 5, and Lot 4, Block 3
in the Shorewood Oaks Subdivision; and
WHEREAS, a public hearing was held and the application reviewed
by the Planning Commission on 3 January 1989, and after due deliberation,
the Planning Commission prepared a recommendation to the City Council; and
WHEREAS, Applicant appeared before the City Council at their
regular meeting held on 9 January 1989 and presented his application; and
WHEREAS, after due deliberation the City Council failed to
approve a motion to grant the requested variance, and the Council
thereupon directed the City Attorney to prepare Findings and Conclusions
denying the Applicant's request.
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. zoning
district which requires fences to be limited to a height of four (4) feet.
2. That Applicant proposes to build a six (6) foot high
board-on-board fence along the southerly lot lines of the subject
property, which fence would therefore be two (2) feet higher than the
zoning code permits.
3. That Applicant does not intend to retain ownership of the
property and that the upkeep and maintenance of the proposed fence will be
that of the ultimate purchaser.
4. That Applicant's reason for requesting the variance is to
provide a buffer for the lots to noise and headlights from the adjacent
highway.
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5. That other means can be used to shield the lots from the
objected to highway activity, such as berms, shrubs, and bushes.
CONCLUSIONS
1. That the variance requested constitutes a substantial
deviation from the requirements of the zoning code.
2. That the property can be put to a reasonable use, and the
Applicant's objectives can be obtained through the use of alternate means
which do not require the grant of a variance.
3. 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
estalished an undue hardship as defined by Minn. Stat. Section 462.357,
Subd. 6(2).
4. That Applicant's request for the above-described variance is
hereby denied.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23d day of
January, 1989. ~
ATTEST:
Sandra L. Kennelly, City Clerk
Roll Call Vote:
Ayes -
Nays -