95-040
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CITY OF SHOREWOOD
RESOLUTION NO. 95-40
A RESOLUTION APPROVING A PRELIMINARY PLAT FOR ZACHARY WOODS
AND A VARIANCE TO CREATE A LOT WITHOUT FRONTAGE ON A PUBLIC STREET
WHEREAS, Brent Sinn (Applicant) has an interest in 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, the Applicant has applied to the City for a Preliminary Plat of said real
property as shown in Exhibit B, attached hereto and made a part hereof; and
WHEREAS, Shorewood's Subdivision Code requires that all new lots have adequate
frontage on a public street, and the Applicant proposes that one of the new lots in his plat will have
its frontage on Galpin Lane, a private road, thereby necessitating a request for a variance; 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 29
March 1995, which Memorandum is on file at City Hall; and
WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on
4 April 1995, for which notice was duly published and all adjacent property owners duly notified;
and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the property is zoned R-IC/S, Single-Family Residential/Shoreland, and
contains approximately 3.7 acres and is occupied by a single-family residential dwelling.
2. That the property has approximately 317 feet of frontage on Galpin Lake Road, a
public street, and 360 feet of frontage on Galpin Lane, a private road.
3. That the Applicant proposes to divide the property into four lots plus one outlot.
4. That the Applicant has received preliminary approval from the Galpin Lane
Homeowner's Association to allow two of the proposed lots in the plat to be accessed from Galpin
Lane, subject to certain conditions.
5 . That the proposed plat does not require construction of a new street, resulting in
substantially less site alteration than a previous five-lot proposal submitted by the Applicant.
6. That, although one of the lots is large enough in area to redivide, the Applicant has
agreed to record a deed restriction on the lot, stating that it will not be redivided until such time as it
has access via a public street.
7.
That the Applicant proposes to convey the outlot to the owner of the property to the
south.
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8. That the Applicant proposes to fill in part of a wetland located on the west end of
the property, and proposes a 2:1 mitigation enlargement of the wetland to comply with Watershed
District and City requirements.
CONCLUSION
A. That the Applicant has satisfied the criteria for the grant of a variance under Section
1201.05 Subd. 2. of the Shorewood City Code, and the variance to allow a new lot to be created
without frontage on a public street is hereby granted.
B . That the Applicant has satisfied the requirement of practical difficulty as set forth in
Section 1202.09 Subd. 1 of the City Code.
C. That the Applicant's request for preliminary plat approval for Zachary Woods is
hereby granted.
D. That such approval is subject to the following conditions:
1 . The Applicant must obtain all necessary easements for use of Galpin Lane
from the Galpin Lane Homeowner's Association.
2. The location of a driveway on Lot 1 must be at least 40 feet from the right-
of-way of Galpin Lake Road.
3 . The Applicant must widen Galpin Lane to at least 20 feet between Galpin
Lake Road and the new driveway for Lot 4.
4. Any landscaping near the entry of Galpin Lane must be approved by the
City, and must maintain a minimum 30- foot sight triangle with Galpin Lake Road.
5. The Applicant must submit an Engineer's estimate or bid proposals for the
required improvements on the project.
6. The Applicant must obtain approval from the Minnehaha Watershed District
for the proposed wetland alteration
7. A 35-foot buffer area will be maintained from the wetland, and buildings
will maintain a 15-foot setback from the buffer area.
8.
removal.
Temporary fencing will be erected to delineate the limits of filling and tree
9. Grading for the driveway accesses for all lots shall be subject to review and
approval by the City Engineer.
10. The Applicant will resolve any discrepancy associated with the boundaries
of the property.
11. The final plat will provide drainage and utility easements, 10 feet on each
side of each side and rear lot line.
12. The developer will prepare a detailed tree inventory, from which a tree
preservation/replacement plan will be required.
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13. The project will be subject to the municipal water charges in effect at the
time of final platting.
14. The developer shall prepare a protective covenant advising future buyers of
the lots that they are subject to additional water charges.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of May
1995.
I) Ii ',-JL"3 /j
r~~ \J (' -t~edL~
Robert B. Bean, Mayor
ATTEST:
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