88-018
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F I L E
RESOLUl'ICN NJ. 18-88
A RESOLUTICN GRANI'ING A VARIANCE 10 RCEERl' MIESEN
Wf~, Robert Miesen (Applicant) is the owner of real property
located in the City of Shorewood at 5570 Shore Road, legally described in
Exhibi t A, attached hereto and made a part hereof; and
\~~, the Applicant has a single story family dwelling, built
more than thirty years ago, located on the property which does not meet
the current side-yard setback requirements of the R-1C zoning district;
and
~~, the property contains a total of 14,830 square feet,
10,816 square feet of which is located between Christmas Lake and Shore
Road, and 4,017 square feet of which is located between Shore Road and a
pond; and
~, the Applicant is desirous of adding a second story to
the building which will increase the nonconfonnity of the structure, add a
proposed two-car garage which will encroach on the setback requirements
from both the street and the lake, add a 4 1/2' deck along the south side
of the building which would encroach on the front-yard setback, and add a
22' by 26' deck on the south side of the garage which will encroach on the
lakeshore setback; and
\~, such expansion and additions cannot be accomplished
within the setback requirements of the zoning district and therefore
require a variance to the Ordinance; and
~~, the application was reviewed by the Shorewood Planning
Conrnission at a public hearing held on March 1, 1988.
NM, TIlEREFORE, BE IT RESOLVED by the Ci ty Counci 1 of the Ci ty of
Shorewood, Minnesota, as follows:
FINDIl-GS OF FACT
1. That being located between a lake and a pond and being split
by a road, the Applicant's property is unique in nature, and such
uniqueness was not a result of any actions of the Applicant.
2. That a literal interpretation of the zoning ordinance would
deprive the Applicant of the reasonable use of his Imld in that he would
be unable to expand his living accommodations or construct a two-car
garage, which are rights conmonly enjoyed by properties in the same
district under the tenus of the ordinance.
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3. 1hat the variances, if granted, would not impair an adequate
supply of light and air to adjacent property, would not unreasonably
increase congestion in the public streets, would not increase the danger
of fire or the danger of the public safety, would not unreasonably
diminish or impair established property values within the neighborhood,
would not violate the intent and purpose of the City Comprehensive Plan,
and would not alter the essential character of the locality.
4. That inasmuch as the Applicant has no alternative means of
achieving a reasonable use of the property under the tenus of the
ordinance, economic considerations are not a factor in his application for
the requested variances.
maUSICNS
1. That the Applicant has satisfied the criteria for the grant
of variances under Section 1201.05 of the Shorewood City Code and has
established an UIIdue hardship as defined by M.S. ~462.357, Subd. 6(2).
2. That the Applicant is hereby granted a variance to add a
second story to his existing building, a variance of feet from the
street, and a variance of feet from the lake in order to construct
a two-car garage, a variance of feet from the side-yard setback
requirement on the south side of his lot for the construction of a 4 1/2'
deck, mId a foot variance from the setback from the lakeshore for
the construction of a 22' by 26' deck on the south side of the garage.
3. That said variances are granted on the condition that
Applicant's existing garage located on the property shall be razed and
removed from the property.
BE IT FURIHER RESOLVED, that the City Clerk furnish Applicant
with a certified copy of this resolution for filing with the Hennepin
County Recorder or Registrar of Titles.
AlX)PIED BY TIlE CIlYOJUNCIL of the Ci ty of Shorewood this 14th day of
March, 1988.
ATrEST:
Robert Rascop, Mayor
Sandra L. Kennelly, City Clerk