88-115
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RESOLUTION ro. 115-88
RESOLUTIOO DENYING A VARIANCE 10 ALLEN K:EWVJER
WHEREAS, Allen Kramer (Applicant) is the owner of real property
located at 4505 Enchanted Lane, City of Shorewood, County of Hennepin,
State of Minnesota; and
WHEREAS, Applicant has an existing single-family dwelling and a
boat house located on the property; and
WHEREAS, Applicant has applied for a variance to enlarge his boat
house from a 20 foot by 20.3 foot structure to a 20 foot by 31.8 foot
structure; and
WHEREAS, a public hearing was held and the application reviewed
by the Planning Comnission on 4 October 1988.
r-ov, 'IHEREFORE, BE IT RESOLVED by the City Counci I of the Ci ty of
Shorewood as follows:
FINDINGS OF FACT
1. That the Subject Property is located in an R-1C zoning
district and is also subject to the requirements of the "S" Shore I and
District.
2. That Shorewood City Code Section 1201.05, Subd. 14(a), which
prescribes regulation applicable to shoreline property prohibits
structures of any kind to be built within the required setback from the
high water mark of a meandered lake.
3. That the subject boat house is located within the required
setback from the high water mark of Lake Minnetonka, and is therefore a
non-confonning structure.
4. That Shorewood City Code Section 1201.03, Subd. 1(b),
relating to non-confonning structures, pennits any structure existing upon
the effective date of the ordinance to continue but prohibits such
structure from being enlarged, extended or structurally altered.
5. That the proposed enlargement of the boat house would
constitute an enlargement of an existing non-confonning structure and thus
require a variance.
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6. That Applicant has been using the boat house prior to its
enlargement for a long period of time and denying Appl icant the pennission
to enlarge the boat house would not deprive him of a right to continue the
use of his property or deprive him of rights commonly enjoyed by similar
properties in the same district.
7. That granting the variance to the Applicant would confer upon
him a special privilege which has been denied to other Applicants in the
same district.
8. That the variance requested constitutes a substantial
deviation from the requirements of the zoning code not in keeping with the
character of the locality.
CXNCLUS ICNS
1. That Applicant's property can presently be put to a
reasonable use for lake access and boat dockage under the conditions of
the Shorewood Zoning Code.
2. That Applicant has not met the criteria for the grant of
variances under Section 1201.05 of the Shorewood City Code and has not
established an undue hardship as defined by M.S. ~462.357, Subd. 6(2).
3. That Applicant's request for a variance to enlarge his
existing non-confonning boat house is hereby denied.
.AlX)PfED BY '!HE CIlY CDUNCIL of the City of Shorewood this 11th day of
October, 1988.
Robert Rascop, Mayor
ATI'EST:
Sandra L. Kennelly, City Clerk
Roll Call Votes:
Ayes: Rascop, Haugen, Gagne, Stover
Nays: 0