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24-084 Approving a Minor Subdivision and Variance for the Property at 26275 Smithtown RoadCITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 24-084 A RESOLUTION APPROVING A MINOR SUBDIVISION AND VARIANCE FOR THE PROPERTY AT 26275 SMITHTOWN ROAD WHEREAS, Tony and Amy Denman (the "Applicant"), have submitted a request for a minor subdivision and variance to subdivide the property at 26275 Smithtown Road and legally described as: Lot 6, Block 1, Pebble Brook Addition, according to the recorded plat thereof, Hennepin County, Minnesota (the "Subject Property"); and, WHEREAS, the Applicants have applied to the City for a minor 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 submitted the request for the minor subdivision and variance to subdivide the property into two 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 minor subdivision and variance 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 July 10, 11 and 18, 2024 (the "Plans") and subject to the conditions listed below. 2. A variance to allow Parcel B to be created with 22 feet of lot width where 120 feet is required is hereby approved under City Code § 1202.09 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 lot's L-shape and the presence of an intermittent stream running through the property create special and highly unique circumstances affecting the property that are not common to other properties in the city and would deprive the applicant of a reasonable and minimum use of its land. Any other lot of this size would be available for subdivision consistent with the Code without a variance but for the stream and shape of the lot. b. Granting of the variance will not be detrimental to public health or welfare or injurious to other property in the vicinity as the applicant has provided documentation that the storm water could be adequately addressed as required by city code; the groundwater is not present in the first 12 feet of grade; the applicant would connect the additional lot to municipal sewer and water, and would remove vegetation to improve visibility where the driveway and Smithtown Road intersect. c. The variance corrects inequities resulting from an unusual hardship based on the presence of the stream and the shape of the lot. Any other lot of this size would be available for subdivision consistent with the Code without a variance but for the stream 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 9, 2024; 2) Acquire all permits from other applicable jurisdictions as identified in the engineer's memo. 3) Legal descriptions to create the following easements drainage and utility easements around the 1) periphery of each lot and 2) over the intermittent stream no less than five feet from the top of each bank; and a private driveway easement over easterly portion of Parcel A to benefit Parcel B to allow for maintenance of the creek crossing and snow storage. The easements must be executed prior to recording the resolution. 4) A revised survey indicating all existing easements recorded against the property. 5) An executed stormwater management plan consistent with the City and watershed district requirements. 6) Pay required utility connection fees and park dedication for an additional home. 7) Revise the plans consistent with city code, the engineer's memo, and as follows: i. Attempt to revise the tree preservation plan to indicate fewer trees to be removed. ii. Revise the plans to preserve the oak on city property. iii. Revise the plans to indicate the driveway for Parcel B at least five feet from property lines. 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. iv. Provide a conforming landscaping plan to plant additional trees along the south portion of the property outside drainage and utility easements and within the areas where trees were removed during construction. 8) Move the existing fence out of the right-of-way. 9) Narrow the driveway on Parcel A to 25 feet wide between the street and the front property line. 10) At the intersection of the driveway for Parcel B and Smithtown Road, clear the public right-of-way of vegetation to improve the visibility of the trailhead area and avoid conflicts between the new driveway and trail. 2 5. Prior to the construction of any home, the applicant shall: 1) acquire all necessary permits; and 2) provide proof of recording for the plat, resolution, easements, and any other recorded documents. 6. The applicant is responsible for repairing any damage to the trail and installing a concrete apron consistent with city standards for the new driveway. 7. The approval for the minor subdivision shall expire 30 days after the certified resolution is received by the Applicant if it has not been recorded with Hennepin County. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 15th day of October, 2024. ATTEST: `�u�&� lltakv Sandie Thone, City Clerk 3 Exhibit A: Proposed property description for Parcel A: That part of Lot 6, Block 1, Pebble Brook Addition, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Beginning at the most northerly northwest corner of said Lot 6; thence on an assumed bearing of south 00 degrees 14 minutes 47 seconds east, along the west line of said Lot 6 and its southerly extension, a distance of 331.06 feet; thence north 89 degrees 45 minutes 13 seconds east a distance of 120.00 feet; tence north 00 degrees 14 minutes 47 seconds west a distance of 338.30 feet to the northerly line of said Lot 6; thence westerly along said northerly line of Lot 6 to the point of beginning. Proposed property description for Parcel B: Lot 6, Block 1, Pebble Brook Addition, according to the recorded plat thereof, Hennpein County, Minnesota, EXCEPT that part described as follows: Beginning at the most northerly northwest corner of said Lot 6; thence on an assumed bearing of south 00 degrees 14 minutes 47 seconds east, along the west line of said Lot 6 and its southerly extension, a distance of 331.06 feet; thence north 89 degrees 45 minutes 13 seconds east a distance of 120.00 feet; hence north 00 degrees 14 minutes 47 seconds west a distance of 338.30 feet to the northerly line of said Lot 6; thence westerly along said northerly line of Lot 6 to the point of beginning. M SMITHTOWN ROAD xw — — — — — — — — — — — — — — — li PARCEL A L J Yi L T — — — — --- — — — PARCEL 8 wmNG PROPERTY Msm[PnoNs DUST= PARCEL DUMMON -k fta L, Y[fBtF .Uce —F., esPe9t— C—.y. — PROPOSED PROPBTY DEXPIPnoNs PPZPOSED PARMA DESCF-'PnON acM ... 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