24-083 Approving a Preliminary and Final Plat and Variances for the Asakenas Addition for Property Located at 6180 Cardinal DriveCITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 24-083
A RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT AND VARIANCES FOR
THE ASAKENAS ADDITION FOR PROPERTY
LOCATED AT 6180 CARDINAL DRIVE
WHEREAS, Audrius Asakenas (the "Applicant"), has submitted a request for Preliminary and
Final Plat and variances to subdivide the property at 6180 Cardinal Drive and legally described
as:
All that part of Lots 88 and 89 Auditor's Subdivision No. 135 described as follows:
Commencing at the southwest corner of said Lot 89; thence northerly along the most
westerly line of said Lot 89, a distance of 165 feet, thence easterly along a line dividing Lots
87 and 89 is said Auditor's Subdivision No. 135 a distance of 66.0 feet to the actual point of
beginning of the land to be described; thence easterly along the extension of the last
described line, a distance of 5.0 feet; thence southwesterly to a point on the south line of
said Lot 89, distant 56.0 feet east of the southwest corner thereof, thence easterly along the
south line of said Lot 89, to the southeast corner thereof; thence northerly along the easterly
line of said Lot 89, a distance of 20.0 feet, thence westerly along a line parallel with the
south line of said Lot 89, a distance of 100.0 feet; thence northerly along a line parallel with
the easterly line of said Lot 89 and the extension thereof to its intersection with the
northwesterly line of said Lot 88, thence northwesterly and westerly along the northeasterly
and northerly lines of said Lot 88 to the northwesterly corner thereof, thence southerly
along the westerly line of said Lot 88 and 89 to the actual point of beginning
(the "Subject Property"); and,
WHEREAS, the applicant submitted the request for the preliminary and final plat and variances
to subdivide the property into three lots in the manner required for the review of such
applications under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and
all proceedings have been duly consistent thereunder; and,
WHEREAS, the preliminary and final plat and variances are consistent with the Shorewood
Comprehensive Plan and the intent of the regulations and requirements of the laws of the State
of Minnesota and the City Code of the City of Shorewood.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the
preliminary and final plat and variances are hereby approved, subject to the following
conditions:
1. The preliminary and final plat is hereby approved, in accordance with the plans submitted
on June 3, 7, 17, 21 and 24; July 2; and August 24, 2024 (the "Plans") and subject to the
conditions listed below.
2. A variance to allow Lot 2 to be created with no direct access to a public street with access to
be by a shared drive over Lot 3 and another variance to allow Lot 3 to be created with 20
feet of lot width where 100 feet is required are approved under City Code § 12.02.09 as
undue hardship may result from strict compliance with the minimum standards based on
the following findings and as further indicated in the Planning Commission report for their
September 17, 2024 meeting:
a. The 68 feet of elevation change within the site and the absence of adequate lot width
connecting the south and highest portion of the lot to Cardinal Drive to provide a public
street connection into the property create special and highly unique circumstances
affecting the property that are not common to other properties in the city that would
deprive the applicant of a reasonable and minimum use of land. Any other lot of this
size and shape without steep slopes would be available for subdivision consistent with
the Code without a variance but for the slopes and shape of the lot.
b. Granting the variance will not be detrimental to public health or welfare or injurious to
other properties in the vicinity as the development would not cause an overwhelming
number of new residents, traffic, or impact on other properties. Stormwater rate
control could be provided for the development using traditional means and sanitary
sewer can be extended to serve the development. Additionally, the applicant would
add curb and gutter to their side of the roadway which would enhance the public health
and welfare rather than injure adjacent properties.
c. The variance corrects inequities resulting from the unusual hardship of the steep slopes
and the narrow connection to Cardinal Drive on the south end of the property which
prevent subdividing the property in a more traditional fashion by extending a public
street into the property to serve each of the lots. Any other lot of this size and shape
would be available for subdivision consistent with the Code without a variance but for
the slopes and shape of the lot.
3. No other variances are granted or implied.
4. Prior to recording the plat, the applicant shall complete the following:
a. Submit/complete the following consistent with city code:
1) Revised plans to conform with the engineer's memo dated August 14, 2024.
2) Acquire all permits from other applicable jurisdictions as identified in the engineer's
memo.
3) A drainage and utility easement over the sewer main as directed by the engineer's
memo; a conservation easement over the wetland buffer; and a private driveway
easement over the shared drive including, but not limited to, allow cross access
across property lines, identify maintenance responsibilities, prohibit blocking access,
and provide for dispute resolution.
4) An executed stormwater management plan consistent with the City and watershed
district requirements.
5) An executed development agreement for the installation of the public and private
improvements.
6) Provide a final location for trash/recycling containers with the existing homes.
7) Pay required utility connection fees and park dedication for two additional homes.
8) Revise the plans consistent with city code and the engineer's memo and as follows:
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i. Add curb and gutter to the street in front of the property to direct stormwater to
the wetland.
ii. Revise the tree preservation plan to indicate all trees to be removed and provide
the number of trees that would be planted on each lot as restitution.
Prior to construction of any home, provide the following:
a. Proof of recording for the plat, resolution, easements, and other recorded documents.
b. Provide a conforming landscaping plan with each building permit showing the required
number of trees to be replanted on the property. consistent with the tree preservation
plan.
c. Revise the shared driveway to be five feet from each property line. The city engineer
has reviewed the encroachment into the new drainage and utility easements and finds
that the driveway will pose no issue to the purpose of the easement, subject to meeting
the five-foot setback.
d. Revise the driveway on Lot 1 to be farther from the bottom of the hill.
6. The applicant shall refrain from damaging nearby properties.
7. The approval for the plat request shall expire in 180 days if the Applicant has not recorded
the plat with Hennepin County. The Applicant may request an extension to the approval
subject to the requirements of Section 1202.03 Subd. 3.c.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 15th day of October, 2024.
Je914fer L badie, Mayor
ATTEST:
2yih I & -,
Sandie Thone, City Clerk