95-096
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CITY OF SHOREWOOD
RESOLUTION NO. -2.5..:..2...6-
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
AND SETBACK VARIANCES
TO BUILD ON A ,SUBSTANDARD LOT
TO MARK HAYMAKER
WHEREAS, Mark Haymaker (Applicant) has an interest in the real property located at
4300 Enchanted Drive, in the City of Shorewood, County of Hennepin, legally described as:
"Lot 2, Block 2, Enchanted Gardens"; and
WHEREAS, the property does not conform to the lot area requirements of the R-l CIS,
Single-Family ResidentiallShoreland zoning district, in which it is located; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit to build on a
substandard lot; and
WHEREAS, the Applicant has applied to the City for a Conditional Use Permit and
setback variances for the construction of a single-family home on the property; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in memoranda to the Planning Commission dated
12 July, 4 September, and 15 September 1995, which memoranda are 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 18 July 1995, 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 September 1995, at which time the Planner's memoranda 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 lot is under separate ownership from adjoining properties.
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2. That the lot contains 14,431 square feet of area, is 118 feet wide at the building
line, and meets at least 70 percent of the required lot area for the R -1 CIS zoning district.
3 . That the proposed improvements to the property amount to 23 percent lot coverage,
whereas 25 percent lot coverage is allowed.
4. That the front setback of the house on the property to the east of the subject
property is 10 feet and the average setback of the two adjoining homes from the street is 30 feet.
5. That the average setback of the two adjoining homes from the ordinary high water
level of Lake Minnetonka is 41.5 feet.
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property.
That the City has directed the Applicant to preserve existing trees located on the
7. That after two revisions of his original plan the Applicant proposes to locate the
home on the lot as shown on Exhibit A, attached.
CONCLUSION
1 . That the Applicant has satisfied the criteria for the grant of a variance under Section
1201.05 ofthe 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 conditional use permit and setback variances to construct a single-family dwelling as
shown on Exhibit A, attached.
3. That this approval is subject to the following conditions:
a. Prior to the start of any site work the Applicant must install construction
fencing along the dripline of the oak trees located on the south side of the
subject property, at least 20 feet from the shoreline of Lake Minnetonka and
as needed to protect existing vegetation along the easterly lot line.
b. Any excavation near the oak trees shall be cut in so as to sever any roots as
cleanly as possible.
The Applicant must submit a landscape and tree preservation plan, prepared
by a registered landscape architect for review and approval by the Zoning
Administrator prior to issuance of a building permit.
d. Prior to issuance of a certificate of occupancy for the home, the site must be
landscaped per the approved landscape plan referenced in c. above.
c.
e. The Applicant agrees to record a utility easement, a copy of which is
attached hereto as Exhibit B and made a part hereof, contemporaneously
with this resolution with the Hennepin County Recorder or Registrar of
Titles.
4. That the City Administrator/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 9th day
of October, 1995.
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Robert B, Bean, Mayor
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Exhibit A
PROPOSED SITE PLAN
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GRANT OF EASEMENT
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THIS GRANT OF EASEMENT is made on the L day of AltJtI E M.e~ I!-
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1995 , by HAYMAKER CONSTRUCTION, INC., a Minnesota corporation (Grantor), to
the CITY OF SHOREWOOD, a Minnesota municipal corporation (Grantee).
RECITALS
Grantors are the owners in fee simple of real property in the County of Hennepin,
Minnes~ta, which is legally described on Exhibit A attached hereto (the Easement Tract).
Grantee desires to use a portion of the Easement Tract for the construction and maintenance
of certain utilities.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby
. acknowledged by Grantors:
1.) Permanent Easement - Grantors hereby grant to Grantee, its successors and
assigns, a permanent easement (the Permanent Easement) for water line and fire hydrant
purposes over, under, upon and across that portion of the Easement Tract legally described
on Exhibit B. The Permanent Easement shall permanently run with the title to the Easement
Tract and shall inure to the benefit of and be binding upon the parties hereto and their
respective heirs, successors and assigns, including, but without limitation all subsequent
owners of the Easement Tract and all persons claiming under them.
2.) Use of Easement Tract - GrantOl;s hereby agree that they will not perform or
allow or cause the construction of any improvements on the Permanent Easement which
could damage or obstruct the Permanent Easement or interfere with Grantee's access to or
Grantee's right to construct, maintain and repair the water line and fire hydrant on the
Permanent Easement.
3. ) Warranty of Title - Grantors represent and warrant to Grantee that they are
the only owners of fee simple title to the Easement Tract, and that there are no undisclosed
mortgages, contracts for deed, leases, rental agreements, occupancy agreements, or any
other encumbrances or verbal or written agreement of any nature whatsoever affecting title
to the Easement Tract. Grantors, on behalf of themselves, their successors, and assigns,
hereby indemnify and hold harmless Grantee against and from all claims for loss, damage,
or expenses which may be incurred or asserted by Grantors or any party whose consent is
required to be obtained hereunder, in connection with this Grant of Easement or Grantee's
use of the Permanent Easement pursuant to this Grant of Easement.
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Exhibit B
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4.) Governin g Law - This Grant of Easement shall be construed and governed
by the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement
on the above date.
GRANTEE:
CITY OF SHOREWOOD
By:
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Its: Mayor
By:
GRANTOR:
Haymaker Construction, Inc.
By:
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'Mark H. .flay aker
Its: President
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
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I, T4e foregoing instrument was acknowledged before me this ;- day of
t!cri:tl6Kr ,1995, by Robert B. Bean and James C. Hurm, the Mayor and City
Administrator/Clerk, respectively of the City of Shorewood, a Minnesota municipal
corporation, on behalf of the corporation.
.~~#"'PJ+"N.f'i!..,"~..V..1.V....."...tf...V..".ttI"~.
I THERESA L. HAAS I
NOTARY PUBUC.MlNNESOl'A
My Commluion Expires Jan. 31. 2000
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Notary Public
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
'1 The foregoing instrument was acknowledged before me this i day of
/I. /)1JavlAr"=12... , 1995, by Mark H. Haymaker, President of Haymaker
Construction, Inc., a Minnesota corporation, on behalf of the corporation.
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Notary Pub!if
.^^^~V\l\:l
~.~ MARY O. THOMAS ?
~~r..j NOTARYPUSUC-MINNESOTA ~
" \~1V ANOKA COUNTY:~
~ My Commission Expires Jan. 31, 20CO ,~~
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THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Northwestern Financial Center
7900 Xerxes Avenue South
Bloomington, Minnesota 55431
(612) 835-3800
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EXHIBIT A
LEG~~ DESC~!PTION OF TEE E~~EME~IT T?~~CT:
Lac 2, Slack 2, Enchanted Gardens, according to the plat
thereof on file or of record in ehe office of the Reg~5crar
of Titles in and for said Councy
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EXHIBIT 8
DESCRIPTION OF EASKMENT:
A permanent easement for fire protection access over, under, and across the northeasterly
16.00 feet of Lot 2. Block 2. ENCHANTED GARDENS. according to the plat on file in
the Office of the County Recorder, Hennepin County, Minnesota.
Said permanent easement concains 1,715 square feet more or less.
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