07-057CITY OF SHOREWOOD
RESOLUTION N0.07-057
A RESOLUTION DENYING A SETBACK VARIANCE
TO CRAIG AND SANDRA ERICKSON
WHEREAS, Craig and Sandra Erickson (Applicants) are the owners of the home at 4715
Lakeway Terrace, which property is legally described as:
"Lot 20, Block 1, Tonkawood Estates, Hennepin County, Minnesota"; and
WHEREAS, the Applicants propose to demolish an existing deck at the rear of their
home and replace it with a larger, lower deck, the location of which deck does not comply with
the setback requirements of the Shorewood Zoning Code, and the Applicants have therefore
made application for a variance; and
WHEREAS, the Applicants' request was reviewed by the City's Planning Director,
whose recommendations are set forth is a staff report, dated 2 August 2007, which staff report is
on file in the Shorewood City Hall; and
WHEREAS, a public hearing was held and the application was reviewed by the Planning
Commission on 7 August 2007 and, after deliberation, the Planning Commission recommended
denial of the requested variance; and
WHEREAS, the City Council at their regular meeting held on 28 July 2003 reviewed the
material submitted by the Applicant, written and oral public testimony, the recommendation of
the Planning Commission and the Planning Director's staff report, dated 27 August 2007, which
report is on file in the Shorewood City Hall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
The Applicant's property is located in an R-1D/S, Single-Family Residential/Shoreland
zoning district in which building setbacks are required as follows:
Front: 30 feet
Side: 10 feet
Rear: 35 feet
2. The Applicants' house is located 27 feet from the rear property line and the existing deck
is located 22.8 feet from the rear property line, making it a nonconforming structure
within the R-1 D/S zoning district.
3. The Applicants' property contains 16,194 square feet of area.
4. The Applicants' property was granted a setback variance in 1990, allowing a 400 square-
foot room addition to be constructed over an existing nonconforming deck at the rear of
the home, leaving a deck that measures 12' x 20'.
5. The Applicants' have begun work, for which no building permit has been issued, to
demolish the existing deck and replace it with a larger deck that is 30 feet long, with one
end that is 15 feet wide and one end that is 24 feet wide.
6. There is ample room on the south side of the home to add on to the house or build a larger
deck, within the buildable area of the lot.
7. The Shorewood Zoning Code imposes restrictions on the enlargement, extension, or
structural alteration of nonconforming structures, providing that any expansion of such
structures does not increase the nonconformity and complies with setback requirements of
the district in which it is located.
CONCLUSIONS
A. The variance requested by the Applicants constitutes a significant deviation from the
requirements of the Shorewood Zoning Code.
B. The Applicants' property can be put to a reasonable use under the conditions imposed by
the Shorewood Zoning Code, particularly in light of the previously granted variance.
C. The Applicants have not met the criteria for the grant of a variance under Section 1201.05
of the Shorewood City Code and have failed to establish any undue hardship as defined
by Minn. Stat. Section 462.357, Subd. 6(2).
D. That the Applicants' request for the variance set forth above is hereby denied.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of
August 2007.
_~~~_
CHRISTINE LIZEE, MAYOR
ATTEST:
~ --°'
,-
---~ -~ - - - - r - `f
CRAIG ~~. DAWSOV, C, TY ADMINISTRATOR/CLERK
f