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80-078 ~ - . WILLIAM F. KELLY AND ASSOCIATES. AITORNEYS e RESOLUTION No~_1g-:fD WHEREAS, the owner of Lot 1, Block 1, Enchanted Gardens, has previously requested the subdivision of that property by means of the short form procedure authorized under the City's subdivision ordinance, and WHEREAS, the Council has declined to accept the use of this procedure for subdividing this property because the request failed to meet the minimum requirements to take advantage of the short form procedure authorized by the ordinance, and WHEREAS, the owner has now petitioned for subdivision of Lot 1, Block 1, Enchanted Gardens, pursuant to the general terms of the subdivision ordinance of the City of Shorewood, the required public hearings have been held by the Planning Commission and the recommendations of the Planning Commission have been forwarded to the Council for its consideration, and e WHEREAS, the Council has considered the report of the Planning Commission, has reviewed the report of the City Planner and of the City Attorney, heard the presentation of the land owner, reviewed verbal and written comments submitted by interested parties, and has taken into consideration the actions of past Councils relative to sewer assessments levied against this property, and has con- sidered and reviewed the Comprehensive Plan adopted by this Council as it applies to this parcel of land, and, further, has taken all matters relative to the size of lots in the surrounding area, the intent of the subdivision ordinance, the zoning ordinance and other matters peculiar to the request for subdivision of Lot 1, Block 1, Enchanted Gardens, into 3 lots, the size of each of which would be less than 40,000 square feet, and the access to which would be by means of a private road over and across an outlot as shown on the plat, and WHEREAS, the Council is aware of the private covenants at- tached to the lots in the Enchanted Gardens subdivision and that the private covenants as such are not binding upon the City Council. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS: e 1. The plat of Albitz Addition covering Lot 1, Block 1, Enchanted Gardens, is hereby approved and all required platting and zoning variances are hereby authorized and that said approval and variances are granted on the basis that evidence considered by this Council does sustain the following: a. That the plat is in harmony with the purposes and intent of the ordinances of the City of Shorewood. e e e ... WILLIAM F. KELLY AND ASSOCIATES. AITORNEYS Page 2 b. That it is in harmony with the general purposes of the Comprehensive Plan heretofore adopted by the City of Shorewood. c. That the square footage of the lots contained in the subdivision are generally no smaller than the average lots in the balance of the Enchanted Gardens subdivision. d. That prior Councils had previously judged that the property should be assessed for 3 sewer assessments anticipating subdivision of Lot 1, Block 1, Enchanted Gardens, into 3 lots. 2. That there are practical difficulties in carrying out the strict letter of the subdivision ordinance and zoning ordinance to the extent that the property would fail to yield a reasonable re- turn if platting into 3 lots is not granted. 3. That unique circumstances are present in this case, this property being the only unusually large lot in the subdivision and the variation as granted will not alter the essential character of the neighborhood. 4. That it is not in the best interest of the City to extend a city street to serve new lots in the subdivision and that these lots can better be served by means of a private easement. 5. That the Mayor and Clerk/Administrator are authorized and directed to execute the subdivision plat of Albitz Addition and that the owner shall forthwith file with the Clerk a description of the easement to the private road to be constructed across the outlot which road shall be of sufficient size (to be approved by the City Engineer) so as to allow access by public and emergency vehicles and that the owner shall grant to the City of Shorewood an easement for public use of same by public and emergency vehicles. Further, the owner shall file with the Clerk copies of all easements across the outlot granted for the benefit of the lots in the sub- division. Upon a vote being taken, there were if yeas, ~ nays. Adopted by the City Council this 111/tJday of ~~ , 19.1ll . . . ~tlL~4 ~'7C.- ---~~,~->~,~"..".."".._"_..._._".,~...'''_....__.~'~._----- WILLIAM F. KELLY AND ASSOCIAns, ATTORNEYS RESOLUTION !!". 19...80 WHEREAS, the owner of Lot 1, Block 1, Enchanted Gardens, has previously requested the subdivision of that property by means of the short form procedure authorized under the City's subdivision ordinance, and WHEREAS, the Council has declined to accept the use of this procedure for subdividing this property because the request failed to meet the minimum requirements to take advantage of the short form procedure authorized by the ordinance, and WHEREAS, the owner has now petitioned for subdivision of Lot 1, Block 1, Enchanted Gardens, pursuant to the general terms of the subdivision ordinance of the City of Shorewood, the required public hearings have been held by the Planning Commission and the recommendations of the Planning Commission have been forwarded to the Council for its consideration, and WHEREAS, the Council has considered the report of the Planning Commission, has reviewed the report of the City Planner and of the City Attorney, heard the presentation of the land owner, reviewed verbal and written comments submitted by interested parties, and has taken into consideration the actions of past Councils relative to sewer assessments levied against this property, and has con- sidered and reviewed. the Comprehensive Plan adopted by this Council as it applies to this parcel of land, and, further, has taken all matters relative to the size of lots in the surrounding area, the intent of the subdivision ordinance, the zoning ordinance and other matters peculiar to the request for subdivision of Lot 1, Block 1, Enchanted Gardens, into 3 lots, the size of each of which would be less than 40,000 square feet, and the access to which would be by means of a private road over and across an outlot as shown on the plat, and WHEREAS, the Council is aware of the private covenants at- tached to the lots in the Enchanted Gardens subdivision and that the private covenants as such are not binding upon the City Council. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS: 1. The plat of Albitz Addition covering Lot 1, Block 1, Enchanted Gardens, is hereby approved and all required platting and zoning variances are hereby authorized and that said approval and variances are granted on the basis that evidence considered by this Council does sustain the following: a. That the plat is in harmony with the purposes and intent of the ordinances of the City of Shorewood. WILLIAM F. KELLY AND ASSOCIATES, ATI"ORNEYS . Page 2 . . b. That it is in harmony with the general purposes of the Comprehensive Plan heretofore adopted by the City of Shorewood. c. That the square footage of the lots contained in the subdivision are generally no smaller than the average lots in the balance of the Enchanted Gardens subdivision. d. That prior Councils had previously judged that the property should be assessed for 3 sewer assessments anticipating subdivision of Lot 1, Block 1, Enchanted Gardens, into 3 lots. 2. That there are practical difficulties in carrying out the strict letter of the subdivision ordinance and zoning ordinance to the extent that the property would fail to yield a reasonable re- turn if platting into 3 lots is not granted. 3. That unique circumstances are present in this case, this property being the only unusually large lot in the subdivision and the variation as granted will not alter the essential character of the neighborhood. 4. That it is not in the best interest of the City to extend a city street to serve new lots in the subdivision and that these lots can better be served by means of a private easement. 5. That the Mayor and Clerk/Administrator are authorized and directed to execute the subdivision plat of Albitz Addition and that the owner shall forthwith file with the Clerk a description of the easement to the private road to be constructed across the outlot which road shall be of sufficient size (to be approved by the City Engineer) so as to allow access by public and emergency' vehicles and that the owner shall grant to the City of Shorewood an easement for public use of same by public and emergency vehicles. Further, the owner shall file with the Clerk copies of all easements across the outlot granted for the benefit of the lots in the sub- division. Upon a vote being taken, there were 5 yeas, 0 nays. Adopted by the City Council this 11[lcday of j)~~em!Jer , 198e>.