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18-087I ti 00MI11 -1► ►i Fk RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY AND SETBACK VARIANCE FOR RICHARD W. DENMAN FOR 5865 GLENCOE ROAD WHEREAS, Richard W. Denman (Applicant) is the owner of certain real property in the City of Shorewood, legally described as: Lots 6 and 7 and that part of Lot 5 which lies southerly of a line described as follows: Beginning at the southwest corner of said Lot 5; thence easterly to a point on the easterly line of said Lot 5, distant 7.00 feet northeast of the southeast corner of said Lot 5 and there terminating, all in Block 1, Ball's Addition To Excelsior, Hennepin County, Minnesota; and WHEREAS, the Applicant has applied to the City for a subdivision of said real. property into two parcels legally described and illustrated in Exhibit A, attached hereto and made a part hereof, and WHEREAS, the Applicant has also applied for a variance to allow a home to be constructed on the southerly lot with a porch to be 25 feet from the south property line, a patio to be 20 feet and a cantilever to be 27.5 feet where the ordinance requires 30 feet, as indicated on the Applicant's plans; and, WHEREAS, the Applicant's request, dated July 25 and 26, and August 21, 28 and 29, 2018, was reviewed by the Planning Director, whose memo was forwarded to the Planning Commission for their meeting on August 28, 2018, a copy of the memo is on file at the Shorewood City Hall; and WHEREAS, the application was considered by the Planning Commission at a regular meeting held on August 28, 2018, the minutes of which meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on September 10, 2018, at which time the Planning Director'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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The real property legally described above is hereby approved for division into two parcels, legally described and illustrated in Exhibit A. -1- 2. The subdivision approval is subject to the following conditions: a. Prior to recording the subdivision, the applicant shall submit the following consistent with City Code: 1) Executed 10 -foot drainage and utility easements around the periphery of both lots. 2) A title report for the property. 3) Payment of the following fees: park dedication in the amount of $6,500 and proof of payment for any water or sewer connection charges required by the City of Excelsior. 4) Executed utility connection agreement. 5) Revised plans as directed by the Engineer's memo dated August 22, 2018 and as necessary to remove the retaining wall proposed within a drainage and utility easement. b. Prior to recording the resolution, the applicant shall remove all structures that cross a property line, are in the right-of-way or would be located within drainage and utility easements and remove vegetation at the corner of Glencoe Road and Academy Avenue, and request an inspection to verify compliance. c. No construction or demolition may occur without the applicable permits. d. Prior to issuance of a building permit, the applicant shall complete the following: 1) Submit proof of recording for the lot division and all easements. 2) Submit plans in conformance with all city and state requirements. 3) Submit a construction management plan for each lot, detailing where workers will park, how deliveries will be made without blocking public streets, where storage of materials will occur, hours of construction and how often streets will be swept. 3. The variance is hereby approved to allow a porch to be 25 feet from the south property line, a patio to be 20 feet and a cantilever to be 27.5 feet where the ordinance requires 30 feet, subject to the finding that the Applicant's request met the variance criteria. 4. The Applicant shall record this resolution and the easements with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. 5. The City Clerk will furnish the Applicant with a certified copy of this resolution for recording purposes when the above conditions are satisfied. -2- ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of September, 2018. ATTEST: 60-ne" C-i-ty iflirk -3- Web S-iakel, Mayor Pro Tem 0.14 Is I PROPOSED LEGAL DESCRIPTION OF SOUTHERLY PARCEL: Lots 6 and 7 and that part of Lot 5 which lies southerly of a line described as follows: Beginning at the southwest corner of said Lot 5; thence easterly to a point on the easterly line of said Lot 5, distant 7.00 feet northeast of the southeast corner of said Lot 5 and there terminating, all in Block 1, BALL'S ADDITION TO EXCELSIOR, Hennepin County, Minnesota, lying South of the following described line: Commencing at the southwest corner of said Lot 7; thence northeasterly along the westerly lines of said Lots 6 and 7, a distance of 82.83 feet to the point of beginning of the line to be described; thence southeasterly to a point on the East line of said Lot 6 distant 60.25 northeast of the southeast corner of said. Lot 7 and there terminating. Contains 12,885 Sq. Ft. or 0.3 Acres PROPOSED LEGAL DESCRIPTION OF NORTHERLY PARCEL: Lots 6 and 7 and. that part of Lot 5 which lies southerly of a line described as follows: Beginning at the southwest corner of said Lot 5; thence easterly to a point on the easterly line of said Lot 5, distant 7.00 feet northeast of the southeast corner of said Lot 5 and there terminating, all in Block 1, BALL'S ADDITION TO EXCELSIOR, Hennepin County, Minnesota, lying North of the following described line: Commencing at the southwest corner of said Lot 7; thence northeasterly along the westerly lines of said Lots 6 and 7, a distance of 82.83 feet to the point of beginning of the line to be described; thence southeasterly to a point on the East line of said Lot 6 distant 60.25 northeast of the southeast corner of said Lot 7 and there terminating. Contains 13,127 Sq. Ft. or 0.3 Acres 0 Dated: October 17, 2018 OFFICIAL CERTIFICATION STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF SHOREWOOD ) 1, Sandie Thone, duly appointed City Clerk of the City of Shorewood, Hennepin County, Minnesota; do hereby certify that the foregoing official 18 -087 A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY AND SETBACK VARIANCE FOR RICHARD W. DENMAN FOR 5865 GLENCOE ROAD was approved and adopted by the Shorewood City Council on September 10, 2018. The attached Resolution 18 -087 is a true and correct copy adopted by the Council of the City of Shorewood and is so recorded in the minutes of a meeting held on the 10th day of September 2018. DRAFTED BY: SHOREWOOD CITY CLERK'S OFFICE 5755 COUNTRY CLUB ROAD SHOREWOOD, MN 55331