88-116
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RESOLurIOO" ID. 116-88
RESOLurIOO" GRANTING VARIANCE '10 GREG'I03IN
WHEREAS, Greg Tobin (Applicant) is the owner of real property
located at 4960 Rustic Way, City of Shorewood, County of Hennepin, State
of Minnesota, legally described as follows:
(See Exhibit A attached hereto and made a part hereof);
and
WHEREAS, Applicant has applied for a variance to construct a
garage which will extend to within 17.8 feet from the right-of-way of
Rustic Way; and
WHEREAS, a public hearing was held and the application reviewed
by the Planning Commission on 4 ~tober 1988.
WV, 'lHEREFORE, BE IT RESOLVED by the Ci ty Council of the Ci ty of
Shorewood as follows:
FINDINGS OF FACT
1. That the Subject Property is located in an R-lD zoning
district which requires a 30 foot setback for a side yard abutting a
street.
2. That Applicant proposes to locate the garage on the east side
of his house which will extend to within 17.8 feet of the right-of-way of
Rustic Way, a public street.
3. That Applicant therefore requires a variance of 12.2 feet
from the side-yard setback requirement of the zoning code.
4. That an alternative location for the proposed garage would be
on the west side of Applicant I shouse.
5. That the topography of the land on the west side of the house
is wooded and large trees are located on the land which would have to be
removed if a structure were placed on that side.
6. That the variance, if granted, would not irrpair an adequate
supply of light and air to adjacent property, would not unreasonably
increase congestion in the public streets, would not increase any danger
of fire or the danger of the public safety, would not unreasonably
diminish or irrpair established property values within the neighborhood,
would not violate the intent purpose of the City Comprehensive Plan and
would not alter the essential character of the locality.
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1. That due to the tree growth and topography of the area, the
proposed location of the garage would appear to be the most appropriate
sight.
2. That Appl icant has no reasonable al ternat ive means of
achieving a reasonable use of the property under the terms of the zoning
code.
3. That Applicant has satisfied the criteria for the grant of
variances under Section 1201.05 of the Shorewood City Code and has
established an undue hardship as defined by M.S. ~462.357, Subd. 6(2).
4. That based upon the foregoing, the City Council hereby grants
the Applicant's request for a variance as set forth hereinabove.
5. That the City Clerk is hereby authorized and directed to
provide a certified copy of this resolution for filing with the Hennepin
County Recorder or Registrar of Titles.
AOOPrED BY '!HE CIlY CDUNCIL of the City of Shorewood this 11th day of
~tober, 1988.
Robert Rascop, Mayor
ATfEST:
Sandra L. Kennelly, City Clerk
Roll Call Votes:
Ayes: Rascop, Haugen, Gagne, Stover
Nays: 0
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LEGAL DESCRIPTION
"Lot 19 and Lot 18 except the north 45 feet of said Lot 18. also that part
of Lot 17 lying south of the north 45 feet thereof and easterly of the west
8 feet thereof. All in Block 9. Minnetonka Manor."
EXHIBIT A