05-031• CITY OF SHOREWOOD
RESOLUTION NO. 05-031
A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY AND
LOT WIDTH AND AREA VARIANCES FOR MATTHEW PHILLIPPI
WHEREAS, Matthew Phillippi (Applicant) has an interest in certain
real property in the City of Shorewood, legally described in Exhibit A, attached hereto
and made a part hereof; and
WHEREAS, the Applicant has applied to the City for a subdivision of said real
property into six parcels legally described in Exhibit B and illustrated in Exhibit C, both
attached hereto and made a part hereof; and
WHEREAS, the Applicant has agreed to grant to the City drainage and utility
easements as provided in Exhibit D, attached hereto and made a part hereof, and
WHEREAS, the Applicant has applied for variances for lot width and area on
the six proposed lots; and
WHEREAS, the Applicant's request was reviewed by the City Planner, whose
recommendations are included in memoranda, dated 10 November 2004 and 24
February 2005, copies of which are on file at the Shorewood City Hall; and
WHEREAS, after required notice a public hearing was held and the application
reviewed by the Planning Commission at a regular meeting held on 16 November 2004,
the minutes of which meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting
on 11 April 2005, at which time the Planner's memoranda and the Planning
Commission's recommendations were reviewed and comments were heard by the
Council from the Applicant and from the City staff; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The subject property contains 55,425 square feet of land and is located in
an R-1D/S, Single -Family Residential/Shoreland zoning district.
2. The applicant proposes to subdivide the property as described in Exhibit
• B and illustrated in Exhibit C.
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. 3. The existing southerly parcel is occupied by a nonconforming two-family
residential dwelling and a garage that does not comply with R-1D/S setbacks.
4. The existing Lot 2, Block 11 is only 50 feet in width and the garage
encroaches onto Lot 3, Block 11 by approximately 17 feet.
5. The existing right-of-way for Ferncroft Drive is 60 feet in width, whereas
the City standard for local streets is 50 feet. The City has agreed to vacate the easterly
five feet of Ferncroft drive adjoining the subject property.
6. The proposed lots will be a uniform 70 feet in width and will average
9238 square feet in area.
CONCLUSIONS
1. The Applicant has satisfied the criteria for the grant of a variance under
the Shorewood City Code and has established an undue hardship as defined by
Minnesota Statutes.
2. Based upon the foregoing, the City Council hereby grants lot width and
area variances to the Applicant, subject to the conditions set forth in 3., below.
• 3. The real property legally described herein is approved for division into
six parcels, legally described in Exhibit B and illustrated in Exhibit C, subject to the
following conditions:
a. The existing garage on Parcel A shall be brought into conformity
with R-1D/S setback requirements by 31 July 2005.
b. The existing two-family dwelling and its nonconforming garage on
the existing southerly parcel shall be removed from the site by 31
July 2005.
c. The Applicant shall provide estimates for the work referenced in a.
and b., above, from which the City shall require a letter of credit for
one and one-half times the amount of the estimate to ensure that the
required work is done within the time prescribed.
d. Sewer services for Parcels B, and E shall be installed, at the owners'
expense, at the time the future owners of those parcels build homes
on the lots.
e. Prior to release of this resolution, the Applicant shall pay park
• dedication fees for four lots ($8000). Credit has been given for the
two lots with existing homes that will remain.
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• f. Prior to release of this resolution, the Applicant shall pay local
sanitary sewer charges for four lots ($4800). Credit has been given
for the two lots with existing homes that will remain.
0
5. The Applicant shall record this resolution, together with the drainage and
utility easements legally described in Exhibit D with the Hennepin County Recorder or
Registrar of Titles within thirty (30) days of the date of the certification of this
resolution.
6. The City Clerk will furnish the Applicant with a certified copy of this
resolution for recording purposes.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
1 lth day of April 2005.
dc"'�
ATTEST: WOODY LOVE, MAYOR
ADMINISTRATOR/CLERK
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•
•
EXISTING LEGAL DESCRIPTION:
Lots 8 and 9, including %2 of vacated street, Block 12, Lot 1, including % of vacated street, Block
11; Lot 2, Block 11; Lots 3 and 4, and that part of Lot 5 lying North of the South 10 feet thereof,
Block 11, all in the plat of Minnetonka Manor, Hennepin County, Minnesota, together with that
part of the West 5 feet of Ferncroft Drive lying between the easterly extension of the North line
of Lot 8 in said Block 11 and the easterly extension of the North line of the South 10 feet of Lot 5
in said Block 12.
EXHIBIT A
• THE PROPERTY --NEW PARCEL DESCRIPTIONS
PARCEL A
Lot 9, Block 12, Minnetonka Manor, Hennepin County, Minnesota, and that part of the North
Half of vacated Cottage Place lying between the southerly extensions of the East and West lines
of said Lot 9.
PARCEL B
Lot 8, Block 12, Minnetonka Manor, Hennepin County, Minnesota, and that part of vacated
Cottage Place lying between the southerly extensions of the East and West lines of said Lot 8
and lying northerly of a line 70.00 feet southerly of and parallel with the North line of said Lot 8,
as measured along the East line of said Lot 8; and that part of the West 5 feet of Ferncroft Drive
lying between the easterly extensions of the North line of Lot 8 and said parallel line.
PARCEL C
Lot 1, except the South 20.40 feet thereof, Block 11, Minnetonka Manor, Hennepin County,
Minnesota, and that part of vacated Cottage Place lying between the northerly extensions of the
East and West lines of said Lot 1 and lying southerly of a line 70.00 feet southerly of and parallel
with the North line of Lot 8, Block 12 in said Minnetonka Manor, as measured along the East
line of said Lot 8; and that part of the West 5 feet of Ferncroft Drive lying between the easterly
extensions of said parallel line and the North line of the South 20.40 feet of said Lot 1.
PARCEL D
Lot 2, and the South 20.40 feet of Lot 1, Block 11, Minnetonka Manor, Hennepin County,
Minnesota, and that part of the West 5 feet of Ferncroft Drive lying between the easterly
extensions of the South line of said Lot 2 and the North line of said South 20.40 feet.
PARCEL E
Lot 3, and the North 20 feet of Lot 4, Block 11, Minnetonka Manor, Hennepin County,
Minnesota, and that part of the West 5 feet of Ferncroft Drive lying between the easterly
extensions of the North line of said Lot 3 and the South line of said North 20 feet.
PARCEL F
That part of Lot 5, Block 11, Minnetonka Manor, Hennepin County, Minnesota, lying North of
the South 10 feet thereof; that part of Lot 4, Block 11, Minnetonka Manor, Hennepin County,
Minnesota, lying South of the North 20 feet thereof; and that part of the West 5 feet of Ferncroft
• Drive lying between the easterly extensions of the South line of the North 20 feet of said Lot 4
and the North line of the South 10 feet of said Lot 5.
Exhibit B
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EXHIBIT C
•
DRAINAGE AND UTILITIES EASEMENT AGREEMENT
THIS DRAINAGE AND UTILITIES EASEMENT AGREEMENT (this "Agreement") is
made this day of March, 2005, but effective as provided below, by Matthew J. Phillippi,
also known as Matthew Joseph Phillippi, a single person ("Grantor"), to and in favor of the City
of Shorewood, a Minnesota municipal corporation ("Grantee"), and is based on the following
facts:
A. Grantor is the owner of real property situated in Hennepin County, Minnesota and
legally described on Exhibit "A" attached hereto and made a part hereof by this reference (the
"Property").
B. The Property currently constitutes four (4) parcels of land for purposes of real estate
taxation and conveyancing.
C. Grantor has applied to Grantee for vacation of a portion of Ferncroft Drive adjacent to
the Property and approval of a minor subdivision of the Property, the result of which will be that
the Property, including the vacated portion of Ferncroft Drive, will constitute six (6) parcels of
land for purposes of real estate taxation and conveyancing, and that the description of the
Property and the component parcels of the Property will be as shown on Exhibit "B" attached
hereto and made a part hereof by this reference.
D. Grantee has required, as a condition to its approval of the proposed minor subdivision
of the Property, that Grantor execute and deliver this Agreement.
E. Grantor wishes to induce Grantee to approve the proposed minor subdivision of the
Property.
NOW, THEREFORE, in consideration of the facts stated above and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor,
Grantor hereby agrees as follows, for the benefit of Grantee:
1. Recitals Incorporated. The factual recitals set forth above are hereby incorporated
• into and made a part of this Agreement.
EXHIBIT D
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• 2. Effective Date. This Agreement shall become effective upon the approval, by the
City Council of Grantee, of the proposed subdivision of the Property into the component parcels
described on Exhibit "B" attached hereto and made a part hereof by this reference. If Grantee
fails to grant such approval, this Agreement shall have no force or effect.
3. Grant of Easements. Upon this Agreement becoming effective as provided in
Section 1 above, Grantor hereby grants, bargains, sells and conveys to Grantee, its successors
and assigns, a perpetual easement for drainage and utility purposes, including the right to enter
onto and maintain the same, over, above, under and across the portions of the Property legally
described on Exhibit "C" attached hereto and made a part hereof by this reference (the
`Basement Area").
4. Warranties of Grantor. Grantor warrants to Grantee that Grantor is the owner of fee
title to the Property, has the lawful right and authority to convey and grant the easements
pursuant to Section 2 above, and that the Easement Area is free from all encumbrances except
for any encumbrance the holder of which has joined in and consented to this Agreement.
• STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
•
GRANTOR:
Matthew J. Phillippi
The foregoing instrument was acknowledged before me this day of , 2005,
by Matthew J. Phillippi, also known as Matthew Joseph Phillipi, a single person.
This instrument was drafted by:
Moss & Barnett (JLW)
A Professional Association
4800 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402-4129
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Notary Public
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EXHIBIT A
• THE PROPERTY
CURRENT PARCEL DESCRIPTIONS
Parcel 1:
Property I.D. 26-117-23-14-0069
Lots 8 and 9, including adjacent I/2 of vacated street, Block 12, Minnetonka Manor
Parcel 2:
Property I.D. 26-117-23-14-0051
Lot 1, Block 11, including adjacent '/z of vacated street, Minnetonka Manor
Parcel 3:
Property I.D. 26-117-23-14-0052
• Lot 2, Block 11, Minnetonka Manor
•
Parcel 4:
Property I.D. 26-117-23-14-0053
Lots 3 and 4, and that part of Lot 5 lying north of the south 10 feet thereof, Block 11,
Minnetonka Manor
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EXHIBIT B
•
THE PROPERTY --NEW PARCEL DESCRIPTIONS
PARCEL A
Lot 9, Block 12, Minnetonka Manor, Hennepin County, Minnesota, and that part of the North
Half of vacated Cottage Place lying between the southerly extensions of the East and West lines
of said Lot 9.
PARCEL B
Lot 8, Block 12, Minnetonka Manor, Hennepin County, Minnesota, and that part of vacated
Cottage Place lying between the southerly extensions of the East and West lines of said Lot 8
and lying northerly of a line 70.00 feet southerly of and parallel with the North line of said Lot 8,
as measured along the East line of said Lot 8; and that part of the West 5 feet of Ferncroft Drive
lying between the easterly extensions of the North line of Lot 8 and said parallel line.
PARCEL C
Lot 1, except the South 20.40 feet thereof, Block 11, Minnetonka Manor, Hennepin County,
Minnesota, and that part of vacated Cottage Place lying between the northerly extensions of the
East and West lines of said Lot 1 and lying southerly of a line 70.00 feet southerly of and parallel
• with the North line of Lot 8, Block 12 in said Minnetonka Manor, as measured along the East
line of said Lot 8; and that part of the West 5 feet of Ferncroft Drive lying between the easterly
extensions of said parallel line and the North line of the South 20.40 feet of said Lot 1.
PARCEL D
Lot 2, and the South 20.40 feet of Lot 1, Block 11, Minnetonka Manor, Hennepin County,
Minnesota, and that part of the West 5 feet of Ferncroft Drive lying between the easterly
extensions of the South line of said Lot 2 and the North line of said South 20.40 feet.
PARCEL E
Lot 3, and the North 20 feet of Lot 4, Block 11, Minnetonka Manor, Hennepin County,
Minnesota, and that part of the West 5 feet of Ferncroft Drive lying between the easterly
extensions of the North line of said Lot 3 and the South line of said North 20 feet.
PARCEL F
That part of Lot 5, Block 11, Minnetonka Manor, Hennepin County, Minnesota, lying North of
the South 10 feet thereof; that part of Lot 4, Block 11, Minnetonka Manor, Hennepin County,
Minnesota, lying South of the North 20 feet thereof; and that part of the West 5 feet of Ferncroft
Drive lying between the easterly extensions of the South line of the North 20 feet of said Lot 4
• and the North line of the South 10 feet of said Lot 5.
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0
EXHIBIT C
The Easement Area
The North five (5) feet, and the South, East and West ten (10) feet, of the following described
parcel:
PARCEL A
Lot 9, Block 12, Minnetonka Manor, Hennepin County, Minnesota, and that part of the
North Half of vacated Cottage Place lying between the southerly extensions of the East
and West lines of said Lot 9.
The North, South, East and West ten (10) feet of each of the following described parcels:
PARCEL B
Lot 8, Block 12, Minnetonka Manor, Hennepin County, Minnesota, and that part of
vacated Cottage Place lying between the southerly extensions of the East and West lines
of said Lot 8 and lying northerly of a line 70.00 feet southerly of and parallel with the
is West
line of said Lot 8, as measured along the East line of said Lot 8; and that part of the
West 5 feet of Ferncroft Drive lying between the easterly extensions of the North line of
Lot 8 and said parallel line.
•
PARCEL C
Lot 1, except the South 20.40 feet thereof, Block 11, Minnetonka Manor, Hennepin
County, Minnesota, and that part of vacated Cottage Place lying between the northerly
extensions of the East and West lines of said Lot 1 and lying southerly of a line 70.00 feet
southerly of and parallel with the North line of Lot 8, Block 12 in said Minnetonka
Manor, as measured along the East line of said Lot 8; and that part of the West 5 feet of
Ferncroft Drive lying between the easterly extensions of said parallel line and the North
line of the South 20.40 feet of said Lot 1.
PARCEL E
Lot 3, and the North 20 feet of Lot 4, Block 11, Minnetonka Manor, Hennepin County,
Minnesota, and that part of the West 5 feet of Ferncroft Drive lying between the easterly
extensions of the North line of said Lot 3 and the South line of said North 20 feet.
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• PARCEL F
That part of Lot 5, Block 11, Minnetonka Manor, Hennepin County, Minnesota, lying
North of the South 10 feet thereof; that part of Lot 4, Block 11, Minnetonka Manor,
Hennepin County, Minnesota, lying South of the North 20 feet thereof; and that part of
the West 5 feet of Ferncroft Drive lying between the easterly extensions of the South line
of the North 20 feet of said Lot 4 and the North line of the South 10 feet of said Lot 5.
•
•
The North three (3) feet, and the South, East and West ten (10) feet, of the following described
parcel:
PARCEL D
Lot 2, and the South 20.40 feet of Lot 1, Block 11, Minnetonka Manor, Hennepin County,
Minnesota, and that part of the West 5 feet of Ferncroft Drive lying between the easterly
extensions of the South line of said Lot 2 and the North line of said South 20.40 feet.
75783M
•
MORTGAGEE JOINDER AND CONSENT
VICTORIA STATE BANK, a Minnesota banking corporation, the owner and holder of
the following described mortgages (collectively, the "Mortgages"):
(a) Mortgage, dated June 15, 2004, granted by Matthew J. Phillippi, an unmarried
individual, to Victoria State Bank, securing the maximum principal sum of $100,000.00, filed for
record in the office of the Registrar of Titles in and for Hennepin County, Minnesota on August
5, 2004 and recorded as Document No. 3999673; and
(b) Mortgage, dated June 15, 2004, granted by Matthew J. Phillippi, an unmarried
individual, to Victoria State Bank, securing the maximum principal sum of $30,000.00, filed for
record in the office of the County Recorder in and for Hennepin County, Minnesota on July 1,
2004 and recorded as Document No. 8389324;
hereby joins in and consents to the foregoing Drainage and Utility Easement Agreement, and
agrees that its rights and remedies under the Mortgages shall be subject and subordinate to the
easements granted pursuant to the foregoing Drainage and Utility Easement Agreement.
• Victoria State Bank
By
Its
STATE OF MINNESOTA )
) ss
COUNTY OF
The foregoing instrument was acknowledged before me this day of March, 2005, by
, the of Victoria State Bank, a Minnesota
banking corporation, on behalf of the corporation.
Notary Public
My Commission Expires:
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