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21-140 Approving a Minor Subdivision and Variance For Zehnder Homes for Property Located at 24835 Yellowstone TrailRESOLUTION 21-140 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING AN MINOR SUBDIVISION AND VARIANCE FOR ZEHNDER HOMES FOR PROPERTY LOCATED AT 24835 YELLOWSTONE TRAIL WHEREAS, Zehnder Homes, Inc. (the "Applicant"), has submitted a request for a minor subdivision and variance for lot width in order to subdivide the property legally described as follows into two lots: Lots 3 & 4, Block 1, Deerfield Addition, Hennepin County, Minnesota And, WHEREAS, the Applicant's proposed subdivision of said real property into two parcels is legally described and illustrated in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant's application materials and plans dated September 3 and 28, and November 3, 2021 were reviewed by the Planning Director, whose memo was forwarded to the Planning Commission for their meeting on November 16, 2021, 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 November 16, 2021, the minutes are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on November 22, 2021 at which time the Planning Director's memorandum and the Planning Commission's recommendations and resident comments were reviewed and comments were heard by the Council from the Applicant and residents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the minor subdivision and variance are hereby approved, subject to the following conditions: 1. The real property legally described above is hereby approved for division into two parcels, legally described and illustrated in Exhibit A, subject to the conditions listed below. 2. The variance to allow a lot to be created with 99.65 feet where 100 feet are required by ordinance is hereby approved, in accordance with the plans submitted on September 3 and 28, 2021 and revisions submitted November 3, 2021, based on the findings that the criteria have been met, especially that the applicant has shown unusual hardship in that the variance would allow uncomplicated legal descriptions, would not impact the public welfare, would be compatible with the neighborhood and would be the minimum action necessary to alleviate the unusual hardship, subject to the conditions listed below. 3. The subdivision and variance approval is subject to the following conditions: a. Prior to recording the subdivision, the applicant shall submit the following consistent with City Code: i. Submit executed 10-foot drainage and utility easements around the periphery of each lot. ii. Submit payment of one park dedication fee ($6,500) and one local sanitary sewer Access charge ($1,200). iii. Remove the accessory shed on future Lot 3. iv. Identify the location of the well on future Lot 4. b. Prior to issuance of a building permit: i. The applicant shall submit proof of recording for this resolution, easements and maintenance agreement. ii. Prior to construction of improvements on either lot, the applicant must acquire the appropriate permits. iii. With a building permit application, the applicant shall submit a revised tree preservation/landscaping plan shows all the proposed trees in conforming locations and revise the plans to be consistent with the City Engineer's memo dated November 8, 2021 and City Code. iv. Prior to installing services or conducting other work in the right-of-way, the applicant shall obtain the appropriate right-of-way permit. v. The applicant shall submit a construction management plan detailing contractor parking, 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. 4. The City Clerk will furnish the Applicant with a certified copy of this resolution for recording purposes when the above conditions are satisfied. 5. The Applicant shall record this resolution and the easements with the Hennepin County Recorder or Registrar of Titles within 30 (thirty) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day Of November, 2021. ATTEST: 1" Sandie Thone, City Clerk 4 J eepffiih fifer abadie, Mayor 0 Legal description of the easterly parcel (Parcel A): Lot 3, Block 1, Deerfield Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Subject to the easements as recorded on said plat of Deerfield Addition. Legal description of the westerly parcel (Parcel B): Lot 4, Block 1, Deerfield Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Subject to the easements as recorded on said plat of Deerfield Addition. 3 Dated: November 23, 2021 OFFICIAL CERTIFICATION STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF SHOREWOOD } I, Sandie Thone, duly appointed City Clerk of the City of Shorewood, Hennepin County, Minnesota; do hereby certify that the foregoing official RESOLUTION 21-140: A RESOLUTION APPROVING A MINOR SUBDIVISION AND VARIANCE FOR ZEHNDER HOMES FOR PROPERTY LOCATED AT 24835 YELLOWSTONE TRAIL was approved by the Shorewood City Council on November 22, 2021. The attached Resolution 21-140 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 22nd day of November 2021. Sandie Thone City Clerk SHOREWOOD CITY CLERK'S OFFICE 5755 COUNTRY CLUB ROAD SHOREWOOD, MN 55331