97-004
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CITY OF SHOREWOOD
RESOLUTION NO. 3J -0_4-
A RESOLUTION GRANTING A VARIANCE
FOR TWO HOMES ON ONE LOT TO STAN TAUBE
WHEREAS, Stan Taube (Applicant) is the owner of real property located at 27280
Edgewood Road in the City of Shorewood, County of Hennepin, legally described in Exhibit A,
attached hereto and made a part hereof; and
WHEREAS, the Applicant has recently purchased the adjoining property located at 5315
Howard's Point Road in the City of Shorewood, County of Hennepin, legally described in Exhibit
B, attached hereto and made a part hereof; and
WHEREAS, the Applicant proposes to combine the two properties in order to build an
addition on the west side of his existing home, leaving the second existing home on the site until
spring of 1997; and
WHEREAS, the Applicant has applied to the City for a variance to temporarily have two
homes on one lot; and
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WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
26 November 1996, which meniorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 3 December 1996, the minutes
of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at their regular
meeting on 16 December 1996, at which time the Planner's memorandum and the minutes of the
Planning Commission were reviewed and comments were heard by the Council from the City
staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the property is located in the R-1A/S, Single-Family ResidentiallShoreland
district which limits the number of homes on a lot to one.
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2. That the two lots, when combined, will contain 155,693 square feet in area.
3 . That after the second home and garage are removed, the total amount of impervious
surface on the combined lots will be approximately 19.8 percent.
4. That the Applicant has agreed to provide an escrow sufficient in amount to
guarantee that the second home and garage will be removed no later than 16 June 1997.
5. That the Applicant understands that he may not be able to resubdivide the property
in the future in compliance with R-1A/S impervious surface requirements.
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CONCLUSIONS
1 . That the Applicant has satisfied the criteria for the grant of a variance under Section
1201.05 of the Shorewood City Code and the result of the variance will ultimately bring the
Applicant's property into greater compliance with the Zoning Code than it is at present.
2. That based upon the foregoing the City Council hereby grants the Applicant's
request for a variance to have two homes on one lot on a temporary basis, subject to the following
conditions:
a. Prior to issuance of a building permit for the addition to the home, the Applicant
must provide evidence that the two lots have been legally combined.
b. Prior to combining the two lots the Applicant must provide a cash escrow or letter
of credit and enter into an escrow agreement guaranteeing that the second house and garage
on the westerly lot will be removed no later than 16 June 1997.
c. The Applicant shall submit a letter stating that he understands that the property may
not be able to be resubdivided in the future in compliance with Shorewood zoning
requirements.
3 . That the City Clerk is hereby authorized and directed to provide a certified copy of this
Resolution for filing with the Hennepin County Recorder or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th
day of January, 1997.
ATTEST:
Jame
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Legal Description:
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27280 Edgewood Road:
"All that part of Lots 11, 12, 14 and 15 and of Elm Court vacated, Howard's Point,
described as follows: Commencing at the intersection of the South line of Lot 15 in
said Howard's Point with the Easterly line of Maple Avenue (now known as Howard's
Point Road) in said Plat, said point of commencement also being the most Westerly
corner of said Lot 15; thence Northeasterly along the Easterly line of said Maple
Avenue a distance of 430.92 feet; thence Southeasterly making an angle of 95 degrees
38 minutes to the right from said last described line a distance of 164.29 feet to the
actual point of beginning of the tract of land to be hereinafter described; thence
continuing Southeasterly at right angles from the Northwesterly line of Lot 14 in said
Howard's Point; thence Northeasterly parallel with the Northwesterly line of Lot 14 to
the shore of Lake Minnetonka; thence Northwesterly along the shore of said lake to a
point in a line drawn Northeasterly from the actual point of beginning and parallel with
the Northwesterly line of said Lot 14; thence Southwesterly parallel with said
Northwesterly line of said lot to the actual point of beginning;
ALSO
That part of Lots 14 and 15, Howard's Point described as follows: Commencing at the
point of intersection of the South line of Lot 15, Howard's Point with the Easterly line
of Maple A venue in said plat; thence Northeasterly along the Easterly line of said Maple
Avenue 430.92 feet; thence Southeasterly making an angle of95 degrees 38 minutes to
the right from said last described line a distance of 209 feet to the actual point of
beginning of the tract of land to be hereinafter described; thence continuing
Southeasterly along the extension of said last described course to a point 101.07 feet
Southwesterly in a straight line 313.2 feet to a point in the South line of aforesaid Lot
15, distance 292.68 feet East of the Easterly line of Maple Avenue; thence West along
the South line of said Lot 15 a distance of 74.88 feet to a point in a line drawn
Southwesterly from the actual point of beginning and parallel with said Maple Avenue;
thence Northeasterly parallel with the Easterly line of said Maple Avenue 344.2 feet to
the actual point of beginning;
ALSO
That part of Lots 12, 14, and 15, Howard's Point, described as follows: Commencing
at a point on the Easterly line of Maple Avenue 430.92 feet Northerly from the
Southwest corner of Lot 15; thence Southeasterly deflecting at an angle of 95 degrees
38 minutes to the right from said last described line a distance of 164.29 feet to the
actual point of beginning of the triangular tract of land to be hereinafter described;
thence continuing Southeasterly along the extension of said last described course a
distance of 44.71 feet; thence Southwesterly a distance of 344.30 feet in a straight line
drawn parallel to the East line of Maple A venue to the point of intersection with the
Southerly line of Lot 15; thence Northeasterly in a straight line to the actual point of
beginning; according to the recorded plat thereof, Hennepin County, Minnesota;
together with the easement for driveway created in Book 1733 of deeds, Page 102."
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Exhibit A
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Legal Description:
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5315 Howards Point Road:
"All that part of Lots 4, 10, 11, 12, and 13 and of Elm Court vacated, and of the
Southeasterly Half of Maple Avenue vacated, Howard's Point, described as follows:
Commencing at the Southwest corner of Lot 15, Howard's Point; thence Northeasterly
along the Southeasterly line of said Maple Avenue a distance of 430.92 feet; thence
deflecting to the right at an angle of 95 degrees 38 minutes from the last described
course a distance of 164.29 feet to the actual point of beginning of the tract to be
described; thence Northeasterly along a line parallel with the Northwesterly line of Lot
14, Howard's Point to the shore of Lake Minnetonka; thence Northwesterly along the
shore of Lake Minnetonka to the intersection with a line which is herein referred to as
Line "A:, which Line "A" is described as follows: Commencing at the Southeast corner
of Lot 7, Howard's Point; thence Southwesterly along the Northwesterly line of said
Maple A venue a distance of 172.1 feet; thence Southeasterly deflecting to the left at an
angle of 31 degrees 25 minutes from the last described course, a distance of 38.37 feet
more or less, to the center line of said Maple Avenue; thence Northeasterly along the
center line of said Maple Avenue a distance of 74.03 feet to the actual point of
beginning of Line "A"; thence Northeasterly in a straight line through a point in the
South line of Lot 4, Howard's Point distance 91.4 feet East of the Northeast corner of
Lot 6 in said Howard's Point to the shore of Lake Minnetonka and there terminating;
thence Southwesterly along said Line "A" to the center line of said Maple Avenue;
thence Southwesterly along the center line of said Maple Avenue a distance of 74.03
feet; thence deflecting to the left at an angle of 31 degrees 25 minutes from the last
described course a distance of 38.37 feet to the Southeasterly line of said Maple
A venue; thence Southwesterly along the Southeasterly line of said Maple A venue to a
point in said line distant 250 feet Northeasterly from the intersection of the
Southeasterly line of said Maple Avenue and the South line of Lot 15, Howard's Point;
thence East parallel with the South line of said Lot 15, a distance of 186.15 feet to the
intersection with a line drawn from the actual point of beginning to a point in the South
line of said Lot 15 distant 217.8 feet East of the Southwest corner of said Lot 15;
thence Northerly in a straight line to the actuC;l1 point of beginning, all according to the
plat thereof on file or of record in the office of the Register of Deeds in and for
Hennepin County, Minnesota."
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Exhibit B