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83-073 RESOLUTION NO. 73-83 e BE IT RESOLVED, that the Council of the City of Shorewood, Hennepin County, State of Minnesota, has approved Richard M. Smith's of 5860 Ridge Road, request to divide the property identified as PID #36-117-23-31-0021 into two parcels; and FURTHER, BE IT RESOLVED, that the two newly created lots consist of approximately 74,200 square footage for Parcell and 72,500 square footage for Parcel 2. FURTHER, BE IT RESOLVED, that the Council of the City of Shorewood has approved the division in accordance with the proposed division requested and in accordance with the attached survey and legal description dated September 15, 1983, Reg. No. 13594 - Stragar-Roscoe,Inc. FURTHER, BE IT RESOLVED, that the following conditions must be met: 1) The building setback from Ridge Road will be in accordance e with the setback regulations as if Ridge Road was a platted road. 2) The City of Shorewood makes no assurances that Parcel 1 is a buildable lot. 3) The approval of this division is subject to payment of all applicable fees. ADOPTED, this 24th day of October, 1983, by the Council of the City of Shorewood, Hennepin County, State of Minnesota. Sandra L. Kennelly City Clerk e SLK:pr .' CI ,. to V) ~ /..... !j % CJ / / / / / ( / ~ r.:. / I -...........~ {) I S DC I I 100 50 0 ~ I SCALE IN BEARING BASIS IS LEGEND 100 I FEET ASSUMED. 'L o IRON MONUMENT SET. . IRON MONUMENT FOUND. @ JUDICIAL LANDMARK. . MANHOLE. e CATCHBASIN. CONTOURS TRACED FROM CONTOUR MAPS SUPPLIED BY THE CITY OF SHOREWOOD, DATED MAY, 1966. ~ ~ ~ " LEGAL DESCRIPTION ~ Iv ~ ~ V) ~- TRACT A, Registered Land Survey No. 472, Files of Registrar of Titles, Hennenin County, Minnesota. Except that part of said Tract A, lying northwesterly of the centerline of the road easement as shown on said Registered Land Survey No. 472 and lying northeasterly of a line drawn parallel with and 60.00 feet southwesterly measured at right angles from the northeasterly line at said Tract A. )/, ~ , - r-' , PROPOSED DESCRIPTION proposed lot division for: R.M. SMITH 5860 RIDGE ROAD EXCELSIOR, MN. 55331 Parcel 1 That part of Tract A, Registered Land Survey No. 472, Files of the Registrar of Titles, Hennepin County, Minnesota, lying southeasterly of the centerline of the road easement as shown on said Registered Land Survey No. 472. CONTAINING 74,200 sa. FT 1 Parcel 2 That part of Tract A, Registered Land Survey No. 472, Files of Registrar of Titles, Hennepin County, Minnesota, lying southwesterly of a line drawn parallel with and 60.00 feet southwesterly measured at right angles from the northeasterly line of said Tract A and lying northwesterly of the centerline of the road easement as shown on said Registered Land Survey No. '172. CONTAINING 72,500 sa. FT. t . e I hereby certify that this survey, plan, or re- port was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. -.D~-f-(E~------- Date.J !!!![ _ L5 _'_'_~'_ Reg. No.l~5_9_4_ __ '~... ..... .~ ~." .. ,...., -'~ STRGAR-ROSCOE, INC. t:()NSIl.T1~(; E~GIN~:f:RS . l.AND SIRV~:Y()RS 6JU T 'I'V~III~ ~Mk.!i C~f\ler ~ ~:bOO VvitVltttrl B(Juipl(cHd W..y,..'" """nneSd,a 55391 ',6121 4 Jb.{)()l 0 MISe. BK 16, PP 25-28.09-08-83 GRG 0830419 . ft . REGULAR COUNCIL MEETING OCTOBER 24, 1983 page two . 7:45 PUBLIC HEARING RESOLUTION NO. 73-83 Richard Smith - 5860 Ridge Road A Public Hearing was opened at 8:03 PM to hear a request of Richard Smith for a simple subdivision with a variance because the lot will front on a nonpublic road. Mrs. Voegel asked how large the lots would be. Each lot will contain 70,000 square feet. Public portion was closed at 8:05 PM. Council questioned whether the lot is buildable. Mr. Smith has an Engineer's report stating that the lot is buildable. Building Official would like the report placed in the property file. Haugen moved, seconded by Rascop, to approve the subdivision in accord- ance with the 5 conditions recommended by the Planner. Motion carried unanimously by Roll Call Vote. 5 ayes. 8:00 PM PUBLIC HEARING RESOLUTION NO. 74-83 P.U.D. Concept Stage Approval - Robert Peterson- 5474 Covington Rd. Public Hearing was opened at 8:10 PM. Review of the plan was presented by Mr. Peterson. Public portion of the hearing was closed with one public comment at 8:13 PM. Stover moved, seconded by Gagne, to approve the P.U.D. Concept Stage Approval for a 5 lot division and to reserve the right to divide Lot 5 at the time when an access can be obtained, also to include the Planner's recommendation and increase the road width to 50 feet and the cul-de-sac to 100 foot circle. Motion carried unanimously by Roll Call Vote. 5 ayes. ~~ ~". lffiSOLUTIONNO. -8~Jf~ Dr Mr. Arent presented his request to improve a nonconforming structure. He .would like to up-date this building to current building codes. This building was purchased as a double unit in a single family zone. Public comments were voiced by Mrs. Meakins, Harriet Setnan, Mrs. Tierney, Mr. Post and Mr. Wang. They commented on: 1. What neighbors thought of the use? 2. How long dois the "Grandfather" clause exist? 3. Single family zones should contain only single family housing. 4. Complaint on insufficent parking area for two families. ~. Current drainage problem exists. Public portion of the hearing was closed at 8:15PM. e e e .' 1 RESOLUTION NO. 1~~ $3 WHEREAS, Henry Arent has applied for a variance to alter a non-conforming use for a home located at 4812 Ferncroft Drive, described as Lot 1, Block 12, Minnetonka Manor, and WHEREAS, the matter was heard and considered by the Planning Commission, and the Planning Commission made no recommendation on a motion that the variance be denied with a tied vote of 2 in favor and 2 against, and WHEREAS, the matter was heard before the City Council on November 14, 1983. The comments of the public were considered, and WHEREAS, the Council directed the City Attorney to draw a resolution denying the request. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood: 1. The City Council finds the following facts: a. That applicant owns a home on property described as Lot 1, Block 12, Minnetonka Manor, which is zoned R-2. b. The property in question measures 105 feet by 77 feet and is 8,085 square feet. c. That the R-2 zoning district requires minimum lot sizes of 20,000 square feet. d. Sometime in the past the house was converted to a two-family dwelling constituting a non-conforming use in the R-2 zone. The house violates setbacks on all sides with the exception of the south side. e. The non-conforming second dwelling unit is an apartment built over an area that appears to have been intended as a garage on the east side of the structure. f. That the apartment does not meet the building code standards in terms of access, light, ventilation and fire protection. e e e ! g. That the property in question is non-conforming in that it is on a lot that is sub-standard in area. The structure does not conform to the setback requirements and is a two-family dwelling and non-conforming in an R-2 district. h. That the request constitutes an expansion of a non-conforming use. i. That in order to allow the request of applicant it would be necessary to grant variances to the Shorewood zoning Ordinance. j. That the applicant stated his hardship as being that he invested in the property as a double unit and was unaware that the property could not be improved and that it was necessary to maintain the property to bring it up to standard codes. k. That applicant has not established a hardship necessitating a variance within the meaning of Minnesota Statutes and City Ordinances. CONCLUSIONS That based on the foregoing the Council concludes that the applicant's request for a variance to alter non-conforming structure be and is hereby denied. REGULAR COUNCIL MEETING OCTOBER 24, 1983 page five c. ATTORNEY'S REPORT Greenwood Lift Station Trial has been set for October 29, 1983 in front of Judge Riley. Non-dedicated land - Edgewood Road (Garber) Attorney Larson would like the Council to instruct him as to how much land the Council would like to obtain for right-of-way in this area. Haugen moved, seconded by Rascop, to request 15 feet on the North side of 26980 Edgewood Road for snow removal and maintenance. Motion carried unanimously. ENGINEER'S REPORT Boulder Bridge 2nd Addition Engineer Norton is recommending allowing Tom Wartman to go ahead with the underground work on his 2nd Addition according to the Engineer's letter of recommendation. Mr. Wartman has agreed to follow the Engineer's letter, all plans and specifications, and the conditions set in the Preliminary Plat approval. He has agreed to pay for all inspection costs made by the City. . Rascop moved, seconded by Haugen, to approve the start up of the underground utilities for Boulder Bridge 2nd Addition. Motion carried. ADMINISTRATIVE REPORT ORDINANCE NO. 150 Amendment to Ordinance 77 - Telephone Switching Station The third reading of the Ordinance amendment to include "telephone switching station" was reviewed and changes were made. Rascop moved, seconded by Haugen, to adopt the amendment as corrected. Ordinance amendment was approved - 4 ayes - I nay (Shaw) Robert Brown Variance RESOLUTION NO. 76-83 Resoluti.onto.approve a variance for. Robert Brown.on the property located at 20680 Ga.rden Road was presented. Stover moved, seconded by Rascop, to approve the variance by this Resolution. Motion approved - 5 ayes by Roll Call Vote. Cathcart Park Requests Administrator Uhrhammer addressed Mr. Gary Carlson's request. The City will remove the poles from the road side, and Chanhassen will deal with the other requests that were made. . Insurance Bid Review Meeting The meeting will be held at 6:30 PM - Thursday, October 27, 1983. Finance Committee Appointment The Finance Committee has four current members: Ed Bergslien, John Bridge, Kitty Francen and Steve Frazier.