18-122CITY OF SHOREWOOD
RESOLUTION NO. 18 -122
A RESOLUTION RESCINDING AND REPLACING RESOLUTION 18 -87, A
RESOLUTION THAT APPROVED A MINOR SUBDIVISION OF PROPERTY
AND SETBACK VARIANCE FOR
RICHARD W. DENMAN FOR 5865/5885 GLENCOE ROAD
WHEREAS, Richard W. Denman (Applicant) is the owner of two parcels in the City of
Shorewood, previously 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 City of Shorewood adopted Resolution 18 -87 approving a minor
subdivision to create two parcels legally described and illustrated in Exhibit A, attached hereto
and made a part hereof; and
WHEREAS, the City of Shorewood approved a variance in Resolution 18 -87 that
allowed the home on the southerly parcel to be constructed 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, some of the Applicant's plans, dated July 25 and 26, and August 21, 28 and
29, 2018, indicated the porch to be setback 22.5 feet instead of 25 feet and the applicant's
intended request was for 22.5 feet;
WHEREAS, the Planning Commission considered the initial request at their meeting on
August 28, 2018 and the request for an amendment on November 20, 2018, a copy of the memos
are on file at the Shorewood City Hall; and
WHEREAS, the City Council considered the initial application at its regular meeting on
September 10, 2018 and its amended request on November 26, 2018, at which time the Planning
Director's memorandums and the Planning Commission's recommendations were reviewed and
comments were heard by the City 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-
I . The real property legally described above is hereby approved for division into two
parcels, legally described and illustrated in Exhibit A.
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 (unless an encroachment agreement is
approved) 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 22.5 feet, a patio to be 20
feet and a cantilever to be 27.5 feet from the south property line where the ordinance requires 30
feet, subject to the finding that the Applicant's request met the variance criteria.
4. The previously recorded easement and encroachment agreement would not be
affected by rescinding and replacing the resolution.
5. The City shall record this resolution rescinding and replacing Resolution 18 -87
with the Hennepin County Recorder or Registrar of Titles.
M
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of
November, 2018.
ATTEST:
Mi
-3-
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
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KALE �^, _ i HEREBY GERIIFY THAT THIS PLAN, SURVEY OR REPORT
CLIENT NAME 1 JOB ADDRESS Advance WAS PREPARED BY FIE OR URGER NY DIRECT SUPERMO4
A116 1fIAT l AN A DULY REgS7ERED W1O SURYEYpR
RICX� DENM�l.N ,� y�,
Surveying & Engineering, Co. Exhibit A
5865 GLENCOE ROAD 17917 Highway 7 .
40 SHOREWOOD, A4N Minnetonka, Mtnnes9ta 55345
Phone (952) 474 -7964 1 )
Web; vnnvadvsur.com J Il ',t