88-158
.
.
.
RESOLUTION NO. 158-88
RESOLUTION GRANTING A VARIANCE TO
COUNTRY KITCHEN TO EXPAND A NON-
CONFORMING STRUCTURE
WHEREAS, Ursa Major, Inc., (applicant) is the owner of real
property and the operator of a restaurant known as the Country
Kitchen located at 22920 State Highway 7, 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 building located on the
property which encroaches into the front yard set back limitations on
the southeast side of the lot; and
WHEREAS, applicant has applied for a variance to construct an
addition to the existing building consisting of an atrium and office
area on the east side of the building, which construction would
further encroach into the set back limitations of the lot; and
WHEREAS, the application was reviewed by the Shorewood Planning
Commission at a public hearing held on 6 December 1988.
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 a C-3 general
commercial zoning district which requires a thirty foot front yard
set back.
( 2 ) That the existing building on the property extends into the
front yard set back area and is, therefore, a non-conforming
structure.
(3) That the proposed addition will extend twenty feet into the
front yard set back area, and therefore will increase the
non-conformi ty of the structure.
(4) That any addition to a non-conforming structure which
increases the non-conformity requires a variance, pursuant to the
Shorewood City Code.
(5) That the applicant therefore requires a variance to increase
the non-conformity of the existing non-conforming structure, and a
variance of twenty feet from the front yard set back requirement of
.
.
.
the Zoning Code, with the proposed addition being located ten feet
from the front yard lot line.
(6) That the land bordering the subject property is zoned and
located as follows:
North - Multiple Family (Excelsior).
East - Medical Offices (Excelsior).
South - State Highway 7, (Shorewood)
West - Undeveloped/pond (Excelsior)
(7) That the applicable Section of the Excelsior Zoning Code
requires a ten foot front yard set back.
(8) That the applicant's proposal for an addition to the
existing building would be a reasonable use of the property and would
have minimal impact on the neighboring properties.
(9) That due to the configuration of the lot and location of the
building on the lot, the proposed location of the addition would be
the most appropriate site.
(10) That the addition, if constructed a distance of ten feet
from the front yard lot line, would be consistent with the building
requirements of the City of Excelsior which borders the subject
property on the north, east and west.
( 11 ) That applicant has established an 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 variance to construct an addition to a
non-conforming structure, and a variance for such addition to
encroach twenty feet into the front yard set back area up to a
distance of ten feet from the front yard lot line, subject to the
following conditions:
(a) Applicant install continuous poured concrete perimeter
curbing around the parking area located to the rear of the
existing building.
(b) Applicant combine the individual lots which comprise the
property into one tax parcel.
(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 12th day of
December, 1988.
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk
Roll Call Votes:
Ayes: 5
Nays: 0