88-112
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RESOLUTION NO. 112-88
RESOLUTION GRANTING VARIANCE TO DENIS TIERNEY
WHEREAS, Denis Tierney (Applicant) is the owner of real property
located at 5060 Suburban Drive, City of Shorewood, County of Hennepin,
State of Minnesota, legally described as follows:
(See Exhibit A attached hereto and made a part hereof)
WHEREAS, Applicant has an existing single-family dwelling on the
property which is located 24 feet from the rear lot line of the property;
and
WHEREAS, Applicant has applied for a variance to construct an
addition to the existing building consisting of a family room and screened
porch on the southwest corner of the building, which addition will extend
to within 15.42 feet of the rear lot line of the property; and
WHEREAS, a public hearing was held and the application reviewed
by the Planning Commission on 4 October 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 an R-1C zoning
district which requires a 40 foot rear-yard setback.
2. T hat the existing building on the property extends to within
24. 12 feet of the rear lot line and the building is therefore a
non-conforming structure.
3. That the proposed addition will extend to within 15.42 feet
of the rear lot line and will thus increase the non-conformity 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.
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5. That Applicant therefore requires a variance to increase the
non-confirmity of the existing non-conforming structure and a variance of
24.58 feet from the rear yard setback requirement of the zoning code.
6. That an alternative location for the proposed addition would
be on the east side of the existing building.
7. That there exists a five foot drop in elevation on the
easterly portion of the property and there is a large depression that
serves as a ponding area and neighborhood drainage basin.
8. That there are numerous large, mature trees growing on the
easterly portion of the property.
CONCLUSIONS
1. That due to the ponding area, the tree growth, the
topography, and the drainage in the area, the proposed location for the
addition would appear to be the most appropriate site.
2. That Applicant has no alternative 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 variances 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.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 11th day of
October, 1988.
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk
Roll Call Votes:
Ayes: Rascop, Haugen, Gagne, Stover
Nays: 0