96-117
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CITY OF SHOREWOOD
RESOLUTION NO. 96-117
A RESOLUTION GRANTING DOCK VARIANCES TO ROBERT MELLET
WHEREAS, Robert Mellet (Applicant) is the owner of real property located at 4435
Enchanted Drive, in the City of Shorewood, County of Hennepin, legally described as:
"Lot 14, Block 2, Enchanted Gardens, Hennepin County, Minnesota."; and
WHEREAS, the Applicant's two abutting neighbors, Mike Hajicek and Dave Skrien own
Lots 13 and 15, Block 2, Enchanted Gardens, respectively; and
WHEREAS, the Applicant and his neighbors have applied to the City for a side yard
setback variance, a dock length variance and a variance to allow three families to share one dock;
and
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
1 November 1996, which memorandum 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 6 November 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 25 November 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-1C/S, Single-Family Residential/Shoreland
zoning district and is subject to the requirements of the Lake Minnetonka Conservation District
(LMCD).
2. That the R-1C/S District and the LMCD Code require docks to be located at least 10
feet from the side lot of the property extended into the lake, and the Applicant proposes to cross
over his extended side lot line, while maintaining a lO-foot setback from Lot 12 to the north.
3. That the R-1C/S District and the LMCD Code limit docks to 100 feet in length, and
the Applicant proposes a dock which is approximately 340 feet long, in order to extend through
large reed bed to open water.
4. That the Shorewood Zoning Code limits the number of families using a dock to
one, that being the residents of the property on which the dock is located.
5 . That the Applicant proposes to share the dock with his two abutting neighbors,
subject to a Declaration of Easement, a copy of which is attached hereto as Exhibit A and made a
part hereof.
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6.
That the LMCD has approved the variances for side yard setback and length.
7. That the sharing of a single dock eliminates the necessity for the Applicant's
neighbors to construct lengthy docks in order to reach open water.
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 has established an undue hardship as defined by
Minnesota Statutes Section 462.375, Subd. 6(2).
2. That based upon the foregoing, the City Council hereby grants the Applicant's request for a
variance to construct a dock which will be shared by the two abutting neighbors.
3. That the variance is granted subject to the following conditions:
a. The Applicant and his neighbors must execute and record the Declaration of Easement,
attached hereto as Exhibit A.
b. The dock configuration will be as shown in Exhibit B, attached hereto and made a part
hereof.
c. The owner of Lot 13 shall not use the dock until such time as a home is constructed on
the lot.
d. No boat canopies will be erected over the dock.
e. The number of boats to be kept at the dock shall be limited to three, one for each of the
Applicant and his two abutting neighbors.
f. The maximum length of each dock slip shall be 25 feet.
g. No additional dock structures shall be placed on Lots 13, 14 and 15, Block 2,
Enchanted Gardens.
4. 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 16th
day December 1996.
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Robert B. Bean, Mayor
ATTEST:
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~VV\M...L ~,lhv~
J an1qs c. Hurm, CIty AdmInIstrator/Clerk
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DECLARATION OF EASEMENT
THIS DECLARATION OF EASEMENT ("Easement") is made and entered
into this
day of
. t 996. by and between David Skrien and Dee
Skrien, husband and wife (the "Skriens''), Robert B. Mellett and Susan M. Mellett,
husband and wife (the "Melletts"), and Michael Hajicek. single ('11ajicekj. The Skriens,
the MellcUs and Hajicck: may be referred collectively as the "t>wI1ers";
WHEREAS, the Skriens arc the owners of the tract of land in Hennepin County,
Minnesota, legally described as:
Lot 15, Block ~ Enchanted Gardens
("Lot 15"); and
~. the Melletts are the owners of the 'tract ofland in Hennepin County,
MinI;e:rota, legally described as:
Lot 14, Block 2, Enchanted Gardens
(ULot 14ft); and
WHEREAS, Hajicek is the owner of the tract of land in Hennepin County,
Minn~ legally described as:
Lot 13, Block 2, Ilncbanted Gardens
("Lot 13 j; and
WHEREAS, Lot 15. Lot 14 and Lot 13 are contiguous; and
WHEREAS, the Skriens. the Melletts and Hajicek wish (0 enter into this
Easement pursuant to the terms and conditions contained herein;
Exhibit A
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NOW, THEREFORE, the Skriens, the Melletts and Haji~ for good and
valuable consideration., including the mutual promises contained herein, do hereby agree
as follows:
1. The Owners do hereby declare an easement through, over, across and upon
that portion of Lot 13, Lot 14 and Lol 15 lying to the east of a line which is ten (10) teet
west of the 929.4 coptour line (the "Easement Area"), as shown on the topographic
survey prepared by
and dated
J
19--, a reduced copy of which is attached hereto as Exhibit A. This Easement shall be
for the purpose of constructing, installin~ mainminin~ repairing and use of a dock. tor
the use and benefit of the Owners and their respective successors, heirs and assigns.
2.
All costs and expenses relating to, or arising out ot the installatio~
construction, maintenance and repair of the dock shall be paid one-third (113) by the
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Skriehs, one-third (1/3) by the Melletts and one-third (1/3) by Hajicek, including, but not
limited to, all costs and expenses in connection with instaIIation and construction of the
dock and all costs and expenses incurred in connection with any necessary maintenance..
repair or replacement of all or a part of the dock from lime to time.
3. The Owners shall not make any alterations,. additions or improvements in
or to the dock or the Easement Area without the express, written consent of all of the
Owners, and none of the Owners shall incur indebtedness for maintenance, repairs or
improvement of the dock or the Easement Area without the express, written consent of all
of the OV,'I1eIS.
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4.
Any and aU disputes under this Easement shall be resolved by arbitration
under the auspices of the American Arbitration Association (the "AAA") in accordance
with the roles then in effet.-t by the AAA relating to real estate disputes. The venue for
such arbitration 5ba11 be in Hennepin County, Minnesota, or in such other location
mutually agreed upon by and between the Owners.
5. All of the terms of this .Easement shall be binding upo~ inure to the
benefit o( and bc enforceable byy the Owners and their respective successors, heirs and
~;gns.
6. This Easement may be modified, amended or terminated only by a writing
signed by all of the Owners or their respective successors, heirs and assigns.
1. This Easement shall be governed by the laws of the state of Minnesota.
8.
This Easement may be executed in counterparts, each of which shall be an
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origirW, but all ofwmch shall be deemed to be one and the same instrument. ,
IN WITNESS WHEREOF, the parties hereto have executed this Easement,
effective an the day and year first above written.
David Skrien
Dee Skrien
(SIGNATURES CONTINUE)
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Robert B. Mellett
Susan M. MeUett
Mich2el Hajicek.
STATE OF MINNESOTA )
) SSe
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
" , 1996, by David Skrien and Dee Skrien, husband and wife.
Notary Publie
STATE OF MINNESOTA )
) SSe
COUNTY OF )
The foregoing instrument was acknowledged before me this cluy of
. 1996. by Robert B. Mcnett and Susan 1\.-L Mellett, husband and wife.
Notary Public
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. STATEOFMINNESOTA)
) SSe
COUNTY OF )
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The foregoing instrument was acknowledged before me this
. 1996, by Michacl Hajicek, single.
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THIS INSTRUMENT WAS DRAFrED BY:
Malcolm G. McDonald
Of MOORE, COSTELLO & HART, P.L.L.P.
1400 Norwest Center
S5 &st Fifth Street
St. Paul, Minnesota S5101-1192
Telcphuoc: (612) 221-7683
(~'
day of
Notary Public
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STP:.23793-( .00C'4.790-1
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Exhibit B
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