89-007
~. ,.
.. ~ '
.
.
.
RESOLUTION NO. 7 -89
A RESOLUTION GRANTING A SET BACK VARIANCE
TO ROBERT MORGAN
WHEREAS, Robert Morgan (applicant) is the owner of real property
located at 4285 Enchanted Lane 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 an existing single family dwelling on the
property constructed within the building set back limitations set by
the Shorewood City Code; and
WHEREAS, applicant has applied for a variance to construct a deck
addition to the dwelling which will encroach five feet into the side
yard set back area and fifteen feet into the lake shore set back
area; and
WHEREAS, a public hearing was held and the application reviewed
by the Planning Commission on 3 January 1989.
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 R-IC Zoning District
and is also subject to the requirements of the tIS" Shore land
District.
(2) That at the time the dwelling was constructed, the City
Zoning Ordinance in effect at the time required a fifty foot set back
from the street. That in order to conform to such set back
requirement, the dwelling was constructed in its present location.
(3) That the present City Zoning Code requires only a
thirty-five foot front yard set back, and if the house were
constructed at the present time it could be built fifteen feet
further back toward the street, permitting the proposed deck to be
constructed on the lake shore side of the property without a
variance.
(4) That due to the configuration of the land, the proposed deck
addition would constitute a reasonable use of the land and will not
have an adverse effect to the neighboring properties.
.
.
.
c"
.,'
,
(5) That due to the location of the dwelling on the property, as
was originally required by the Zoning Ordinance in effect at the time
of its construction, the construction of the deck in the proposed
location would appear to be appropriate and in accord with the most
reasonable use of the property.
( 6 ) That the applicant has established undue hardship and has
satisfied the criteria for the grant of variances 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 five foot side yard set back
variance on the east side of his property and a fifteen foot set back
variance on the lake shore side of his property, subject to the
following conditions:
(a) That no construction take place within fifty feet of the
front lot line of the property, and the original fifty foot
front yard set back in effect at the time of construction of
the dwelling be maintained on the north side of the lot.
(2) 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 9th day of
January, 1989.
ATTEST:
'A J, I,~L.~~ C {. t/ :>
Ila~n/ l 0
Sandra L. Kennelly, City Clerk
Roll Call Vote:
Ayes: Brancel, Gagne, Haugen, Stover, Watten
Nays: -0-