95-057
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CITY OF SHOREWOOD
RESOLUTION NO. 95-57
A RESOLUTION APPROVING A SUBDIVISION/COMBINATION
AND SETBACK VARIANCE
FOR WALLACE KING
WHEREAS, Wallace E. King (Applicant) is the owner of certain real property in the City
of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached
hereto and made a part hereof; and
WHEREAS, Robert B. King is the owner of certain real property in the City of
Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit B, attached
hereto and made a part hereof; and
WHEREAS, the Applicant proposes to acquire a portion of Robert B. King's property,
legally described in ExQibit C, attached hereto and made a part hereof; and
WHEREAS, the Applicant's property does not comply with current zoning requirements
and combining his property with the parcel described in Exhibit C will result in a lot which
conforms to the Shorewood Zoning Code; and
WHEREAS, the Applicant's existing home is located too close to the Eureka Road right-of-
way constituting a nonconforming structure; and
. WHEREAS, the Applicant proposes to add on to the front and west side of the existing
home, which addition requires a 25-foot setback variance from the Eureka Road right-of-way; and
WHEREAS, the Applicant's request has been reviewed by the City Planner and his
recommendations have been duly set forth in a Memorandum to the Planning Commission dated 30
May 1995, which Memorandum is on file at City Hall; and
WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on
6 June 1995, for which notice was duly published and all adjacent property owners duly notified.
.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood
as follows:
FINDINGS OF FACT
1. That the properties described in Exhibits A and B are zoned R-IC/S, Single-Family
Residential/Shoreland.
2. That the Applicant's property is currently 66 feet wide, contains 15,162 square feet
of area and exists as a nonconforming lot of record.
3. That the Robert B. King property is currently 133 feet wide and contains 30,549
square feet of area.
4. That combining the parcel described in Exhibit C with the Applicant's property will
bring the Applicant's property into compliance with Shorewood's lot size requirements.
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5. That the Applicant's existing home contains approximately 1771 square feet on the
main level plus 484 square feet on the second level and is located five feet from the right-of-way of
Eureka Road.
6. That the Applicant proposes to add on an attached 804 square foot garage and
increase the area of the upper level of the home to 936 square feet.
7. That the proposed addition will be located 10 feet from the right-of-way of Eureka
Road and 43 feet from the right-of-way of Birch Bluff Road and will replace an existing 308
square foot garage which is located on the west lot line of the Applicant's property, 38 feet from
the right-of-way of Birch Bluff Road.
8. That the portion of Eureka Road abutting the Applicant's property has been
classified by the City as a Class III Fire Lane for recreational use.
CONCLUSION
A. That the Applicant's request to subdivide the Robert B. King property (Exhibit B)
and combine the parcel described in Exhibit C with the Applicant's property (Exhibit A) to form the
parcels described in Exhibits D and E is hereby approved.
B . That the above approval is subject to the applicant recording the drainage and utility
easement shown on Exhibit F with the Hennepin County Recorder or Registrar of Deeds.
C. That the Applicants have 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).
D. That based upon the foregoing, the City Council hereby grants the Applicants'
request for a 25-foot setback variance.
E. That the City Clerk furnish the Applicant with a certified copy ofthis resolution for
recording purposes.
F. That the Applicant record this resolution, together with the drainage and utility
easements shown on Exhibit F with the Hennepin County Recorder or Registrar of Titles within
thirty (30) days of the date of the certification of this resolution.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of July,
1995.
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<:1:-< f, ",/:(0 "y,'
'~:~:J7,Jk0-'{--
Robert B. Bean, Mayor
ATTEST:
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Lot 1, Birch Bluff, Upper Minnetonka, according to the
plat thereof on file or of record in the office of the
County Recorder, Hennepin County, Minnesota; and
That part of Paradise Avenue (now known as Birch Bluff
Road) according to the plats of Birch Bluff, Upper
Minnetonka and Mann's Addition to Birch Bluff (Lake
Minnetonka) on file in the office of the County
Recorder, Hennepin County, Minnesota, lying Westerly of
the westerly line of 1st Street and lying Northerly and
easterly of the following described line:
.
Beginning at the most northerly corner of Lot 13, Block
3, said Mann's Addition to Birch Bluff (Lake
Minnetonka); thence northwesterly to a point on the
southerly extension of the westerly line of Lot 1, said
Birch Bluff, Upper Minnetonka, distant 15.00 feet
southerly of the most southerly corner of said Lot 1;
thence northerly 15.00 feet to said most southerly
corner of said Lot 1 and said line there terminating.
.
Exhibit A
LEGAL DESCRIPTION -
WALLACE E. KING PROPERTY
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Lots 2 and 3, Birch Bluff, Upper Minnetonka, according
to the plat thereof on file or of record in the office
of the County Recorder, Hennepin County, Minnesota.
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Exhibit B
LEGAL DESCRIPTION -
ROBERT B. KING PROPERTY
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That part of Lot 2, Birch Bluff, Upper Minnetonka, Hennepin County,
Minnesota, lying easterly of the following described line:
Beginning at the southeast corner of said Lot 2; thence on an asslli~ed
bearing of South 77 degrees 10 minutes 43 seconds West along the south
line of said Lot 2 a distance of 34.51 feet to the point of beginning
of the line to be described; thence North 00 degrees 35 minutes East to
the shoreline of Lake Minnetonka, and said line there terminating.
Subject to drainage and utility easement in favor of the City of
Shorewood over the westerly 10 feet of the above-described property.
Exhibit C
LEGAL DESCRIPTION -
PARCEL TO BE CONVEYED
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Lot 1, Birch Bluff, Upper Minnetonka, according to the
plat thereof on file or of record in the office of the
County Recorder, Hennepin County, Minnesota; and
That part of Paradise Avenue (now known as Birch Bluff
Road) according to the plats of Birch Bluff, Upper
Minnetonka and Mann' s Addition to Birch Bluff (Lake
Minnetonka) on file in the office of the County
Recorder, Hennepin county, Minnesota, lying Westerly of
the westerly line of 1st Street and lying Northerly and
easterly of the following described line:
Beginning at the most northerly corner of Lot 13, Block
3, said Mann's Addition to Birch Bluff (Lake
Minnetonka); thence northwesterly to a point on the
southerly extension of the westerly line of Lot 1, said
Birch Bluff, Upper Minnetonka, distant 15.00 feet
southerly of the most southerly corner of said Lot 1;
thence northerly 15.00 feet to said most southerly
corner of said Lot 1 and said line there terminating.
AND
That Dart of Lot 2, Birch Bluff, Upper Minnetonka, Hennepin County,
Minnesota, lying easterly of the following described line:
Beginning at the southeast corner of said Lot 2; thence on an asslli~ed
bearing of South 77 degrees 10 minutes 43 seconds West along the south
line of said Lot 2 a distance of 34.51 feet to the point of beginning
of the line to be described; thence North 00 degrees 35 minutes East to
the shoreline of Lake Minnetonka, and said line there terminating.
Subject to drainage and utility easement in favor of the City of
Shorewood over the westerly 10 feet of the above-described property.
Exhibit D
LEGAL DESCRIPTION -
PROPOSED WALLACE E. KING PROPERTY
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Lots 2 and 3, Birch Bluff, Upper Minnetonka, according
to the plat thereof on file or of record in the office
of the County Recorder, Hennepin County, Minnesota.
EXCEPT:
That part or Lot 2, Birch Blurr, Upper Minnetonka, Hennepin County,
Minnesota, lying easterly or the rollowing described line:
Beginning at the southeast corner or said Lot 2; thence on an asslli~ed
bearing or South 77 degrees 10 minutes 43 seconds West along the south
line or said Lot 2 a distance or 34.51 reet to the point or beginning
or the line to be described; thence North 00 degrees 35 minutes East to
the shoreline or Lake Minnetonka, and said line there terminating.
Subject to drainage and utility easement in ravor of the City of
Shorewood over the westerly 10 feet of the above-described property.
Exhibit E
LEGAL DESCRIPTION -
PROPOSED ROBERT B. KING PROPERTY
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Fo,m No. 28.M-OUIT CLAIM DEED
Individual (s) to Corporation
or Partnarshlp
Minnesota Uniform Conveyanclnc Blanks (1978)
Mdltr.Oavls Co, Minneapolis
.
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
,19_
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $
€i')
Date:
,1995-
(reserved for recording data)
FOR VALUABLE CONSIDERATION, Rnhprr R Kine: r l::inE;' p
, Grantor (s),
(marita' status)
herebyconvey(s)andquitclaim(s)to City of Shorewood
, Grantee,
a municioal corooration
real property in . J.{ennepin
under the laws of Minnesota
County, Minnesota, described as follows:
A perpetual drainage and 'utility easement over, under and across the west
10.00 feet of the following described property:
That part of Lot 2, Birch Bluff Upper Minnetonka, Hennepin County, Minnesota,
lying easterly of the following described line:
Beginning at the southeast corner of said Lot 2; thence on an assumed bearing
of South 77 degrees 10 minutes 43 seconds West along the south line of said
Lot 2 a distance of 34.51 feet to the point of beginning of the line to be
described; thence North 00 degrees 35 minutes East to the shoreline of Lake
Hinnetonka, and said line there terminating.
The total consideration for this transfer is less than $500.00.
(if mora spaca is needed. continue on back)
together with all hereditaments and appurtenances belonging thereto.
\rjl~ fl,.,,!! Tax Stamp lIer('
Robert B. King
STATE OF MINNESOTA
COUNTY OF tIENNEPIN
} 88.
The foregoing instrument was acknowledged before me this
by Robert B. King
day of
,19_,
, Grantor (s).
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
Tax Statement!- for the reAl property deleribed in thia Instrument should
be sent to (lnclude name and addre.s of Grantee):
THIS INSTRUMENT WAS DRAFTED BY (N AME AND ADDRESS)l
CARROLL & LEIGHTON, P.A.
100 South Fifth Street, #2250
Minneapolis, MN 55402
(612) 338-8911
Exhibit F
PROPOSED DRAINAGE AND UTILITY
EASEMENT