89-010
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RESOLUTION NO.
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A RESOLUTION DENYING A SETBACK VARIANCE TO
CHESTER YANIK
WHEREAS, Chester Yanik (Applicant) desires to construct a deck
and gazebo at the rear of his home located at 4245 Enchanted Lane in the
City of Shorewood; and
WHEREAS, the locations of the proposed deck and gazebo do not
comply with the lake shore setback requirements of the Shorewood Zoning
Code, and Applicant has therefore made application for variances; and
WHEREAS, a public hearing was held and the application reviewed
by the Planning Commission on 6 December 1988, and, after 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 12 December 1988 and submitted additional
information concerning his application which he asked the Council to
consider, whereupon the Council referred the matter back to the Planning
Commission for consideration of the additional information; and
WHEREAS, the Planning Commission reviewed the application and the
additional information submitted by the Applicant at their regular meeting
held on 3 January 1989 and, after due deliberation, prepared their
recommendation to the City Council; and
WHEREAS, the City Council further reviewed the application and
the recommendations of the Planning Commission at their regular meeting
held on 9 January 1989; and
WHEREAS, after due deliberation and a review of the criteria
required for the granting of a variance, the Council failed to approve a
motion to grant the requested variances, and the City Attorney was
directed to prepare a resolution setting forth Findings and Conclusions
denying the Applicant's request for variances.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
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FINDINGS OF FACT
1. That the subject property is located in a lakeshore zoning
district which requires a 50-foot rear - yard setback.
2. That a variance permitting the construction of a deck
extending up to 35 feet from the lake shore had been previously granted to
the Applicant in 1981.
3. That Applicant now requests a variance to permit construction
of a deck up to 28 feet from the shoreline and for the construction of a
gazebo to extend up to approximately 35 feet from the shoreline.
4. That Applicant's request requires an 18-foot rear ~ yard
setback variance for the deck, which is 3 feet greater than the previous
variance of 15 feet which was granted to Applicant in 1981, and the
application requires an approximate 15 foot rear - yard setback variance
for the construction of the gazebo.
5. That on 3 November 1988 Applicant was issued a building
permit containing the following conditions:
Permit is issued subject to all work being done within
the buildable area of the lot as prescribed by the
Shorewood Zoning Ordinance and previously approved setback
variance.
Setbacks to be verified by updated survey to be
submitted no later than 14 November (1988).
Any work found to encroach wi thin the required setback
will be corrected by owner.
7. That Applicant subsequently constructed a deck and gazebo on
the property which extended beyond the limits of the prior approved
setback variance.
CONCLUSIONS
1. That the variances requested by the Applicant constitute a
substantial deviation from the requirements of the Shorewood Zoning Code.
2. That the property can be put to a reasonable use and a deck
can be constructed on the property under the conditions imposed by the
Shorewood Zoning Code and pursuant to the 15-foot rear - yard setback
variance previously granted to Applicant.
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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 variances set forth above
are hereby denied.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23d day of
January, 1989. .~f'..... ..~~. .
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ATTEST:
Sandra L. Kennelly, City Clerk
Roll Call Votes:
Ayes -
Nays -