04-031CITY OF SHOREWOOD
RESOLUTION NO.04- 031
A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY AND A
BLUFF SETBACK VARIANCE FOR THOMAS THISS
WHEREAS, Thomas Thiss (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 two 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 legally described in Exhibit D, attached hereto and made a part hereof; and
WHEREAS, the Applicant has applied for a variance to construct a home on the
new lot that would encroach into the 20-foot required setback from the bluff line of
Silver Lake; and
WHEREAS, the Applicant's request was reviewed by the City Planner, whose
recommendations are included in a memorandum, dated 5 March 2004, a copy of which
is 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 9 March 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 22 March 2004, at which time the Planner's memorandum and the Planning
Commission's recommendations were reviewed and comments were heard by the
Council from the Applicant and from the City staff; and
WHEREAS, the City staff was directed by the City Council to prepare a
resolution setting forth Findings of Fact and Conclusions approving a variance to the
bluff setback variance.
WHEREAS, the subdivision requested by the Applicants complies with the
Shorewood Zoning Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
• Shorewood as follows:
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• FINDINGS OF FACT
1. The subject property contains 2.42 acres of land and is located in an
R-1A/S, Single -Family Residential/Shoreland zoning district, which requires a 20-foot
setback from the bluff on Silver Lake.
2. The applicant proposes to subdivide the property as described in Exhibit
B and construct a home on the new lot, which home would encroach into the required
20-foot bluff setback area for Silver Lake.
3. The topography on the east side of the property is characterized by a
severe slope, which is interrupted by a flat area, suitable for the construction of a single-
family dwelling.
6. The property is very well screened from view from Silver Lake by
extensive tree cover on the east side of the property.
7. The property is served by sanitary sewer lines on the north and west sides
of the new lot..
8. The proposed footprint for a future house on the new lot is consistent
with the locations of homes to the north and south of the property.
CONCLUSIONS
1. The Applicants have 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 to the
Applicants a setback variance, subject to the conditions set forth in the City Plammer's
memorandum, dated 5 March 2004 and the minutes of the 9 March Planning
Commission meeting, both of which are on file at the Shorewood City offices. The
bluff setback is limited to construction of a driveway and retaining walls minimally
necessary to construct the driveway. The future home on the new lot shall comply with
the bluff setback requirements of the Shorewood Zoning Code.
3. The real property legally described herein is approved for division into
two parcels, legally described in Exhibit B.
4. The subdivision approval is subject to the following:
a. Except for building eaves, no portion of the future home on the new
• lot shall extend westerly of the average setback line established by
the homes to the north and south of the subject property.
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b. The applicant shall provide a 10' x 20' pull-out/parking space on
` Ridge Road between the two lots.
c. The existing nonconforming detached garage on the westerly lot shall
be brought into conformity with Shorewood's zoning requirements
by 1 July 2004.
d. Plans for grading of the new lot and design of the foundation for the
future home on the new lot shall be prepared by a registered
professional engineer.
The Applicant shall record a deed restriction on the new lot, advising
future owners of the easterly lot of the conditions set forth herein.
The deed restriction shall include the City as a signatory thereto.
5. The Applicant shall record this resolution, together with the drainage and
utility easements legally described in Exhibit D, and the deed restriction referenced in
4.e. above 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
:7
12th day of April 2004.
1
WOODY LOVE, MAYOR
ATTEST:
CRAIG JJj�bAWS1; CITY ADMINISTRATOR/CLERK
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EXISTING LEGAL DESCRIPTION: (per Certificate of Title Number 430174)
Tract 1: That part of Government Lot 7 and accretions thereto, Section 36, Township 117,
Range 23, described as commencing at a point on a line bearing North 29 degrees 19 minutes
East (assuming the South line of said Government Lot 7 as bearing East and West) from the
Northeast corner of Section 2, Township 116, Range 23, distant 668.49 feet Northeasterly from
said Northeast corner of Section 2, which point is hereinafter referred to as point "A"; thence
South 29 degrees 19 minutes West a distance of 175.27 feet to the actual point of beginning;
thence South 58 degrees 17 minutes East a distance of 114.87 feet to a point marked by a
judicial landmark; thence Northeasterly in a straight line to a point distant 110.7 feet
Southeasterly from the aformentioned point "A", as measured along a line bearing South 68
degrees 11 minutes East from said aforementioned point "A", which point is marked by a judicial
landmark; thence North 68 degrees 11 minutes West a distance of 279.43 feet to a point
marked by a judicial landmark; thence continuing North 68 degrees 11 minutes West to the
shore of Christmas Lake; thence Southwesterly along the shore of said lake to an intersection
with a line bearing North 58 degrees 17 minutes West from the actual point of beginning;
thence South 58 degrees 17 minutes East to a point distant 115.13 feet Northwesterly from the
actual point of beginning, which point is marked by a judicial landmark; thence continuing South
egrees 17 minutes East to the actual point of beginning.
Irmo c-
t 2: That part of Government Lot 7 and accretions thereto, Section 36,' Township 117,
Range 23, described as commencing at a point on a line bearing North 29 degrees 19 minutes
East (assuming the South line of said Government Lot 7 as bearing East and West) from the
Northeast corner of Section 2, Township 116, Range 23, distant 668.49 feet Northeasterly from
said Northeast corner of Section 2, which point is hereinafter referred to as point "A"; thence
South 29 degrees 19 minutes West a distance of 175.27 feet thence South 58 degrees 17
minutes East a distance of 114.87 feet to the actual point of beginning, which point is marked
by a judicial landmark; thence continuing South 58 degrees 17 minutes East a distance of 304
feet, more or less, to a point marked by a judicial landmark; thence continuing South 58
degrees 17 minutes East to the shore of Silver Lake; thence Northerly along the shore of said
lake to an intersection with a line bearing South 68 degrees 11 minutes East from said
aforementioned point "A"; thence North 68 degrees 11 minutes West to a point distant 368.15
feet Southeasterly from said point "A", as measured along said line bearing North 68 degree 11
minute West, which point is marked by a judicial landmark; thence continuing North 68 degrees
11 minutes West to a point distant 110.7 feet Southeasterly from the aforementioned point "A",
as measured along said line bearing North 68 degrees 11 minutes West, which point is marked
by a judicial landmark; thence Southwesterly in a striaght line to the actual point of beginning.
All according to the United States Government Survey thereof.
•
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Exhibit A
Proposed Legal Descriptions
PROPOSED PARCEL 1: (Part of Certificate of Title No. 430174)
i
That part of Government Lot 7 and accretions thereto, Section 36, Township 117,
Range 23, described as commencing at a point on a line bearing North 29 degrees
19 minutes East (assuming the south line of said Government Lot 7 as bearing
East and West) from the northeast corner of Section 2, Township 116, Range 23,
distant 668.49 feet northeasterly from said northeast corner of Section 2, which
point is hereinafter referred to as point "A'; thence South 29 degrees 19 minutes
West a distance of 175.27 feet to the actual point of beginning; thence South 58
degrees 17 minutes East a distance of 114.87 feet to a point marked by a judicial
landmark; thence northeasterly in a straight line to a point distant 110.7 feet
southeasterly from the aforementioned point "A", as measured along aline
bearing South 68 degrees 11 minutes East from said aforementioned point "A",
which point is marked by a judicial landmark; thence North 68 degrees 11
minutes West a distance of 279.43 feet to a point marked by a judicial landmark;
thence continuing North 68 degrees 11 minutes West to the shore of Christmas
Lake; thence Southwesterly along the shore of said lake to an intersection with a
line bearing North 58 degrees 17 minutes West from the actual point of
beginning; thence South 58 degrees 17 minutes East to a point distant 115.13 feet
northwesterly from the actual point of beginning, which point is marked by a
judicial landmark; thence continuing South 58 degrees 17 minutes East to the
actual point of beginning.
•
PROPOSED PARCEL 2: (Part of Certificate of Title No. 430174)
That part of Government Lot 7 and accretions thereto, Section 36, Township M,
Range 23, described as commencing at a point on a line bearing North 29 degrees
19 minutes East (assuming the south line of said Government Lot 7 as bearing
East and West) from the northeast corner of Section 2, Township 116, Range 23,
distant 668.49 feet northeasterly from said northeast comer of Section 2, which
point is hereinafter referred to as point "A"; thence South 29 degrees 19 minutes
West a distance of 175.27 feet; thence South 58 degrees 17 minutes East a
distance of 114.87 feet to the actual point of beginning, which point is marked by
a judicial landmark; thence continuing South 58 degrees 17 minutes East a
distance of 304 feet, more or less, to a point marked by a judicial landmark;
thence continuing South 58 degrees 17 minutes East to the shore of Silver.Lake;
thence Northerly along the shore of said lake to an intersection with a line bearing
South 68 degrees 11 minutes East from said aforementioned point "A'; thence
North 68 degrees 11 minutes West to a point distant 368.15 feet southeasterly
from said point "A', as measured along said line bearing North 68 degrees 11
minutes West, which point is marked by a judicial landmark; thence continuing
North 68 degrees 11 minutes West to a point distant 110.7 feet southeasterly from
is the aforementioned point "A", as measured along said line bearing North 68
degrees 11 minutes West, which point is marked by a judicial landmark; thence
Southwesterly in a straight line to the actual point of beginning.
Exhibit B
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Exhibit C
Proposed Drainage and Utility Easements
0 -
PROPOSED DRAINAGE & UTILITY EASEMENT FOR PARCEL 1:
The northeasterly, southeasterly and southwesterly 10.00 feet of the following
described tract of land:
That part of Government Lot 7 and accretions thereto, Section 36, Township 117,
Range 23, described as commencing at a point on a line bearing North 29 degrees
19 minutes.East (assuming the south line of said Government Lot 7 as bearing
East and West) from the northeast corner of Section 2, Township 116, Range 23,
distant 668.49 feet northeasterly from said northeast comer of Section 2, which
point is hereinafter referred to as point "A"; thence South 29 degrees 19 minutes
West a distance of 175.27 feet to the.actual point of beginning; thence South 58
degrees 17 minutes East a distance of 114.87 feet to a point marked by a judicial
landmark; thence northeasterly in a straight line to a point distant 110.7 feet
PROPOSED DRAINAGE & UTILITY EASEMENT FOR PARCEL 2:
• The northeasterly, northwesterly, and southwesterly 10.00 feet of the following
described tract of land:
That part of Government Lot 7 and accretions thereto, Section 36, Township 117,
Range 23, described as commencing at a point on a line bearing North 29 degrees
19 rninutes East (assuming the south line of said Government Lot 7 as bearing
East and West) from the northeast corner of Section 2, Township 116, Range 23,
distant 668.49 feet northeasterly from said northeast corner of Section 2, which
point is hereinafter referred to as point "A"; thence South 29 degrees 19 minutes
West a distance of 175.27 feet; thence South 58 degrees 17 minutes East a
distance of 114.87 feet to the actual point of beginning, which point is marked by
a judicial landmark; thence continuing South 58 degrees 17 minutes East a
distance of 304 feet, more or less, to a point marked by a judicial landmark;
thence continuing South 58 degrees 17 minutes East to the shore of Silver Lake;
thence Northerly along the shore of said lake to an intersection with a line bearing
South 68 degrees 11 minutes East from said aforementioned point "A"; thence
North 68 degrees 1 I minutes West to a point distant 368.15 feet southeasterly
from said point "A', as measured along said line bearing North 68 degrees 11
minutes West, which point is marked by a judicial landmark; thence continuing
North 68 degrees I I minutes West to a point distant 110.7 feet southeasterly from
the aforementioned point "A", as measured along said line bearing North 68
• degrees 11 minutes West, which point is marked by a judicial landmark; thence
Southwesterly in a straight line to the actual point of beginning.
_6_ Exhibit D