07-051CITY OF SHOREWOOD
RESOLUTION NO. 07 -051
A RESOLUTION APPROVING A BLUFF SETBACK VARIANCE AND
IMPERVIOUS SURFACE VARIANCE FOR MICHAEL AND SUSAN FANNON
WHEREAS, Michael and Susan Fannon (Applicants) are the owners of
certain real property in the City of Shorewood, legally described as:
"Tract C, Registered Land Survey No. 1699, according to the recorded plat
thereof in Hennepin County, Minnesota."; and
WHEREAS, the Applicants have applied for a variance to construct a new
home in place of the existing home on the lot that would encroach into the 20-foot
required setback from the bluff line of Christmas Lake; and
WHEREAS, the subject property is substandard in width, and the plans for the
proposed home exceed the maximum amount of impervious surface allowed in a
Shoreland zoning district, the Applicants have requested variances to the lot width and
impervious surface requirements; and
WHEREAS, the Applicants' request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 11 July 2007, a copy of which
is on file at the Shorewood City Hall; and
WHEREAS, the Applicants' request was reviewed by the City Engineer, whose
recommendations are included in a memorandum, dated 12 July 2007, a copy of which
is on file at the Shorewood City Hall; and
WHEREAS, after required notice a public hearing was held and the application
reviewed by the Planning Commission at a regular meeting held on 17 July 2007, the
minutes of which meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting
on 23 July 2007, at which time the Planner's memorandum, the City Engineer's
memorandum, and the Planning Commission's recommendations were reviewed and
comments were heard by the Council from the Applicant and from the City staff; and
WHEREAS, the City staff was directed by the City Council to prepare a
resolution setting forth Findings of Fact and Conclusions approving variances to the
bluff setback, lot width and impervious surface requirements imposed by the
Shorewood Zoning Code;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
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FINDINGS OF FACT
1. The subject property contains 34,659 square feet of land area and is
located in an R-1C/S, Single-Family Residential/Shoreland zoning district, which
requires a 20-foot setback from the bluff on Christmas Lake and maximum impervious
surface to lot area ratio of 25 percent.
2. The existing home on the property is substandard with respect to the
setback from the bluff on Christmas Lake and has an impervious surface to lot area ratio
of 36.1 percent.
3. The Applicants propose to demolish the existing home on the property
and construct a new home on the lot, which home would encroach into the required 20-
foot bluff setback area for Christmas Lake.
4. The Applicants' plans for the new home propose to reduce the amount of
impervious surface on the property from 36.1 percent to 31.3 percent.
5. The topography of the property is characterized by 74 feet of drop in
elevation from the front of the lot to the shoreline of Christmas Lake and the only level
area in which to construct a home is where the existing home is located.
6. There are three deck areas on the subject property that encroach into the
required setback area from Christmas Lake, all of which will be removed as part of the
construction of the new home, bringing the new home into conformity with the setback
requirement of the Zoning Code.
7. The only new area on the lot to be graded will be for the new garage
attached to the house, which is outside of the bluff setback area.
8. To mitigate the amount of impervious surface proposed for the property,
the Applicants propose to use a permeable paver system for the proposed driveway and
patio areas.
CONCLUSIONS
1. The Applicants have satisfied the criteria for the grant of a variance
under the Shorewood City Code and have established an undue hardship as defined by
Minnesota Statutes.
2. Based upon the foregoing, the City Council hereby grants to the
Applicants a bluff setback variance, a lot width variance and variance for impervious
surface, subject to the conditions set forth in the City Planner's memorandum, dated 11
July 2007, and the City Engineer's memorandum, dated 12 July 2007, and the minutes
of the 17 July 2007 Planning Commission meeting, all of which are on file at the
Shorewood City offices. The variance to the impervious surface requirement is subject
to the Applicants reducing the amount of impervious surface to 30 percent of the lot
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area and utilizing a permeable paver system, engineered to specifications approved by
the City Engineer.
3. The City Clerk will furnish the Applicant with a certified copy of this
resolution for recording purposes.
3. The Applicants shall record this resolution with the Hennepin County
Recorder or Registrar of Titles within thirty (30) days of the date of the certification of
this resolution.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
13th day of August 2007.
Christine Lizee, Mayor
Attest:
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Craig D~tv~on, City Administrator/Clerk
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