88-039
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RESOLUTION NO. 39-88
A RESOLUTION GRANTING A SIDE-YARD SETBACK VARIANCE TO
BERT MONTEN
WHEREAS, Bert lvfonten (Applicant) is the owner of real property
located at 5045 Shady Island Road 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 applied for a variance for the
construction of a two-car garage and living space above the garage to the
north side of his house; and
WHEREAS, such additional structure will encroach two feet into
the ten-yard setback area required by the Shorewood City Code; and
WHEREAS, a public hearing was held and the application reviewed
by the Planning Commission on 3 May 1988.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. T hat the subject property is located in a zoning district
requiring a ten-foot side-yard setback.
2. T hat the proposed two-car garage constructed to the north
side of the building extends within eight feet of the east lot line and
therefore requires a setback variance of two feet.
3. That due to a misunderstanding and an error in judgment, the
Applicant constructed the garage and living space encroaching into the
setback area without obtaining the necessary variance.
4. T hat the property has a twenty-two foot existing setback from
the property lot line on the west.
5. That due to the configuration of the property, the proposed
variance would constitute a reasonable use of the land providing the
A pplicant extended the existing retaining wall to protect the neighboring
property from drainage and full trees were added for a buffer.
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CONCLUSIONS
1. That due to the configuration of the building on the
property, the present location of the garage and second level living space
would appear to be an appropriate use and an undue hardship has been established.
2. T hat a two-foot side-yard setback variance is hereby granted
from the east lot line of the property.
3. That a twenty-two foot setback will be maintained on the west
side lot line, that a retaining wall will be extended and additional
landscaping will be placed to protect against erosion onto the neighboring
property.
4. T hat the City Clerk is hereby authorized and directed to
provide a survey and a 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 9th day of May,
1988.
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk
Roll Call Votes:
Ayes - Rascop, Brancel, Gagne, Haugen, Stover