20-005CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 20 -005
A RESOLUTION DENYING A REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT,
REZONING AND PRELIMINARY AND FINAL PLAT FOR "WALNUT HILL" ON PROPERTY
LOCATED AT 24340 YELLOWSTONE TRAIL
WHEREAS, Debra Hunt, on behalf of the Marvin Boote Trust, (the "Applicant ") requested a
Comprehensive Plan Amendment, Rezoning, and Preliminary and Final Plat for "Walnut Hill"
(the "Request ") on property located at 24340 Yellowstone Trail, (the "Subject Property ") legally
described as:
That part of the following described parcel: That part of Lot 31, Auditors Subdivision No.
133, Hennepin County, Minnesota, lying Westerly of a line drawn from a point on the
Northerly line of Glenco Road (now Yellowstone Trail) distant 190.00 feet Southwesterly
from the intersection of the northerly line of said Glenco Road, with the east line of said
Lot 31 to a point on the northerly line of said Lot 31 distant 351.8 feet Southwesterly from
the North East corner thereof; Except the West 17 feet thereof;
AND
That part of Lot 31, Auditors Subdivision No. 133, Hennepin County, Minnesota, described
as follows: Commencing at the intersection of the East Line of Said Lot 31 with the
Northerly Right of way line of Yellowstone Trail; thence North 02 degrees 04 minutes 14
seconds East, assumed basis for bearings, a distance of 237.57 feet along said east line,
thence South 76 degrees 13 minutes 10 seconds West a distance of 227.36 to the point
of beginning; thence South 76 degrees 13 minutes 10 seconds West a distance of 21.47
feet to an intersection with a line drawn from a point on the Northerly line of Glenco Road
(now Yellowstone Trail) distant 190 feet Southeasterly from the intersection of the
northerly line of said Glenco Road, with the east line of said Lot 31 to a point on the
northerly line of said Lot 31 distant 351.8 feet Southwesterly from the North East corner
thereof; thence South 12 degrees 18 minutes 37 seconds East along the last described
line to the northerly right of way line of the Yellowstone Trail; thence easterly along said
right of way line to a line bearing South 11 degrees 57 minutes 21 seconds East from the
point of beginning thence North 11 degrees 57 minutes 21 seconds West, along said line
to the point of beginning.
Which lies southerly of the following described line:
Commencing at the southeast corner of the above described property; thence North 11
degrees 57 minutes 21 seconds West, assumed bearing, along the easterly line of the
above described property a distance of 134.40 feet to the point of beginning of the line to
be described; thence South 81 degrees 02 minutes 08 seconds West a distance of 257.62
feet to the east line of the west 17 feet of the above described property and said line there
terminating.
WHEREAS, the Applicant has submitted the Request to allow a subdivision of the Subject
Property into two lots; and
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the December 3, 2019 meeting of the Planning Commission, a
copy of which is on file at City Hall; and
WHEREAS, the Planning Commission reviewed the application at public meetings on
December 3, 2019, the minutes of the meetings are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on
January 13, 2020 at which time the planning staff memorandum and the Planning Commission's
recommendations were reviewed and comments were heard by the City Council from the
Applicant and staff.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA FINDS AS FOLLOWS:
FINDINGS OF FACT
The Subject Property is located in the Minimum Density Residential land use
classification, which allows development of properties from .1 to 1 units per acre.
2. The Subject Property is located in the R -1A zoning district, which requires each lot to
contain a minimum of 40,000 square feet.
3. The Applicant's proposal is to create two lots with the easterly lot containing 20,207
square feet and the westerly lot containing 24,356 square feet
4. The Applicant's proposal is identified on the application materials and plans submitted
on October 22, 25, and 30, 2019 and November 12, 20 and 21, 2019.
5. The Subject Property sits northerly of the boundary between: 1) the Minimum Density
Residential and the Low Density Residential land use classifications and 2) the R -1A
and the R -1 C zoning district boundaries.
6. The properties to the east, north and west of the Subject Property are currently guided
Minimum Density Residential and zoned R -1A.
7. The City's Comprehensive Plan includes several land use objectives and policies
regarding land use patterns, as follows:
• Neighborhoods are to be maintained and where necessary, strengthened in
character, while at the same time improving and reinforcing community identity
• Establish and maintain a consistent approach to the development of fragmented land
parcels (i.e. larger lots having the potential to be subdivided) which encourages
cooperation between landowners and provides for access and utility service which
complies with City standards
• To the maximum extent possible, development policies and regulations shall be
applied consistently and uniformly
8. City Code (1201.04 subd. 1 d. of the zoning regulations) includes the following direction
for applications to rezone properties:
• The proposed action must be considered in relation to the specific policies and
provision of and has been found to be consistent with the official City
Comprehensive Plan.
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9. The Comprehensive Plan includes two policies that guide the City when reviewing
development applications, as follows:
• Density and lot size shall be the primary considerations in the review of
development requests
• Overall density shall be a primary consideration in the review of development
requests
10. Section 1202.01 subd. 11. of the subdivision regulations states that the enforcement,
amendment, and administration of the subdivision regulations shall be accomplished
with due consideration contained in the recommendations contained in the Shorewood
Comprehensive Plan.
11. Section 1202.05 subd. 2 a. of the subdivision regulations states that the minimum lot
area, width and depth shall not be less than that established by the Shorewood Zoning
ordinance.
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council
hereby concludes that the Applicant's Request for a Comprehensive Plan Amendment to
reguide the properties from Minimum Density Residential to Low Density Residential is
in conflict with the objectives and policies listed in Item 7 under Findings and hereby
denies the application.
B. The City Council further concludes the Applicant's Request conflicts with Items 8
and 9 under Findings (above) and the density permitted by the Minimum Density
Residential land use classification and hereby denies the application for rezoning from
R -1A to R -1 C.
C. The City Council concludes the Applicant's Request for the preliminary and final
plat conflicts with Items 10 and 11 under Findings (above) and hereby denies the
application for subdivision.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 27th
day of January, 2020.
Attest:
Sandie Thone, City Clerk
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Scott erby, Ma or