93-067
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CITY OF SHOREWOOD
RESOLUTION NO. 93-67
A RESOLUTION APPROVING A SUBDIVISION AND LOT WIDTH VARIANCE
FOR WALLACE AND ELIZABETH PECK
WHEREAS, Wallace and Elizabeth Peck (Applicants) are owners 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, the Applicants have applied to the City for a subdivision of Parcel I,
described in Exhibit A, into two parcels legally described in Exhibits B-1 and B-2, attached
hereto and made a part hereof; and
WHEREAS, one of the lots does not comply with the minimum lot width requirement
for the zoning district in which it is located and the applicant has requested a variance; and
WHEREAS, the Applicants and all other parties holding an interest in said real
property have agreed to grant to the City of Shorewood drainage and utility easements as
described in Exhibits C-l and C-2, attached hereto and made a part hereof; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the property proposed to be divided is zoned R-IA and contains
approximately 114,170 square feet of area.
2. That the parcel described in Exhibit B-1 is 97.94 feet wide and contains
53,720 square feet of area.
3. That the parcel described in Exhibit B-~ is 179.38 feet wide and contains
60,450 square feet of area.
4. That existing nearby lots on the south side of Wild Rose Lane range in width
from 50 to 150 feet.
5. That two existing sheds located on Parcel II described in Exhibit A, encroach
on Parcel A described in Exhibit B-1.
6. That the variance will not increase the density or alter the character of the
neighborhood in which the property is located.
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CONCLUSION
A. 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).
B. That based upon the foregoing, the City Council hereby grants the Applicants'
request for a lot width variance of 22.06 feet for the lot described in Exhibit B-1.
C. That the grant of the variance is subject to the Applicants recording a
document establishing a restriction on Parcel II described in Exhibit A, stating that the two
sheds referenced in 5. above will be removed or relocated in compliance with Shorewood
zoning requirements at such time as the fee ownership of Parcel II is conveyed, or at such
time as any accessory buildings, including attached garages are added to Parcel II, whichever
occurs first. Said document is shown on Exhibit D, attached hereto and made a part hereof.
D. That the real property legally described as Parcel I in Exhibit A be divided
into two parcels, legally described in Exhibits B-1 and B-2.
E. That the City Clerk furnish the Applicant with a certified copy of this
resolution for recording purposes.
F. That the Applicant record this resolution, together with the drainage and utility
easements shown on Exhibits C-l and C-2, and the document shown on Exhibit D 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 26th day of
July, 1993.
ATTEST:
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es C. Hurm, City Administrator/Clerk
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Legal Description - Parcel I
That part of the Southeast Quarter of the Northeast Quarter of Section 32,
Township 117 North, Range 23 West of the 5th Principal Meridian described as
follows:
Beginning at a point 18 1/2 rods (305.25 feet) North of the southwest
corner of the Southeast Quarter of the Northeast Quarter of said Section,
Town and Range in the center of Excelsior and Smithtown road (so called);
thence from said point North 51 1/2 degrees East 14 1/2 rods (239.25
feet) along the center line of said road; thence North 52 9/16 rods
(867.28 feet) j thence West 11 rods 3 3/4 feet (185.25 feet); thence South
61 1/2 rods (1014.75 feet) to beginning. (also known as Lot 112,
Auditor's Subdivision No. 133, Hennepin County, Minnesota);
except that part thereof that lies north of the south line of the north
33 feet of said Southeast Quarter of the Northeast Quarter;
except that part thereof platted as Shady Lawn Manor;
except the East 80 feet of the North 544.5 feet thereof;
Legal Description - Parcel II
The East 80 feet of the North 544.50 feet of that part of the Southeast
~arter of the Northeast Quarter of Section 32, Township 117 North, Range 23
West of the 5th Principal,Meridian described as follows:
Beginning at a point 18 1/2 rods (305.25 feet) North of the southwest
corner of the Southeast Quarter of the.Northeast Quarter of said Section,
Town and Range in the center of Excelsior and Smithtown road (so called);
thence from said point North 51 1/2 degrees East 14 1/2 rods (239.25
feet) along the center line of said road; thence North 52 9/16 rods
(867.28 feet);. thence West 11 rods 3 3/4 feet (185.25 feet); thence South
61 1/2 rods (1014.75 feet) to beginning. (also known as Lot 112,
Auditor's Subdivision No. 133, Hennepin County, Minnesota);
except that part thereof that lies north of the south line of the north
33 feet of said Southeast Quarter of the Northeast Quarter;
except that part thereof platted as Shady Lawn Manor;
Exhibit A
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Proposed Description - Parcel A
The North 544.50 feet of that part of the Southeast Quarter of the
Northeast Quarter of Section 32, Township 117 North, Range 23 West of
the 5th Principal Meridian described as follows:
Beginning at a point 18 1/2 rods (305.25 feet) North of the
southwest corner of the Southeast Quarter of the Northeast
Quarter of said Section, Town and Range in the center of
Excelsior and Smithtown Road (so called); thence from said point
North 51 1/2 degrees East 14 1/2 rods (239.25 feet) along the
center line of said road; thence North 52 9/16 rods (867.28
feet); thence West 11 rods 3 3/4 feet (185.25 feet); thence South
61 1/2 rods (1014.75 feet) to beginning (also known as Lot 112,
Auditor's Subdivision No. 133, Hennepin County, Minnesota);
except that part thereof that lies north of the south line of the
north 33 feet of said Southeast Quarter of the Northeast Quarter;
except that part thereof platted as Shady Lawn Manor;
except the East 80 feet thereof.
Exhibit B-1
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Proposed Description - Parcel B
That part of the Southeast Quarter of the Northeast Quarter of Section
32, Township 117 North, Range 23 West of the 5th Principal Meridian
described as follows:
Beginning at a point 18 1/2 rods (305.25 feet) North of the
southwest corner of the Southeast Quarter of the Northeast
Quarter of said Section, Town and Range in the center of
Excelsior and Smithtown Road (so called); thence from said point
North 51 1/2 degrees East 14 1/2 rods (239.25 feet) along the
center line of said road; thence North 52 9/16 rods (867.28
feet); thence West 11 rods 3 3/4 feet (185.25 feet); thence South
61 1/2 rods (1014.75 feet) to beginning (also known as Lot 112,
Auditor's Subdivision No. 133, Hennepin County, Minnesota);
except that part thereof that lies north of the south line of the
north 33 feet of said Southeast Quarter of the Northeast Quarter;
except that part thereof platted as Shady Lawn Manor;
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except the North 544.50 feet thereof.
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Exhibit B-2
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THIS EASEMENT IS MADE and entered into this
199 ,by and between
day of
Grantors,
, Grantees.
and
WITNESSETH, that whereas said Grantor is the owner of the tract of
land in the County of Hennepin, State of Minnesota, described as
follows:
DESCRIPTION OF PROPERTY:
The North 544.50 feet of that part of the Southeast Quarter of the
Northeast Quarter of Section 32, Township 117 North, Range 23 West of
the 5th Principal Meridian described as follows:
Beginning at a point 18 1/2 rods (305.25 feet) North of the
southwest corner of the Southeast Quarter of the Northeast
Quarter of said Section, Town and Range in the center of
Excelsior and Smithtown Road (so called); thence from said point
North 51 1/2 degrees East 14 1/2 rods (239.25 feet) along the
center line of said road; thence North 52 9/16 rods (867.28
feet); thence West 11 rods 3 3/4 feet (185.25 feet); thence South
61 1/2 rods (1014.75 feet) to beginning (also known as Lot 112,
Auditor's Subdivision No. 133, Hennepin County, Minnesota);
except that part thereof that lies north of the south line of the
north 33 feet of said Southeast Quarter of the Northeast Quarter;
except that part thereof platted as Shady Lawn Manor;
except the East 80 feet thereof.
NOW, THEREFORE, Grantor, in consideration of one Dollar and other good
and valuable consideration, to it in hand paid by Grantee, receipt of
which is hereby acknowledged, hereby grants to said Grantee, its
successors and assigns, the following easement:
DESCRIPTION OF EASEMENT:
An easement for drainage and utility purposes over,
the North, South, East and West 10 feet of the
property.
under and across
above described
Exhibit C-1
IN WITNESS WHEREOF, said Grantor has hereunto set its hand the day and
~ year first above written.
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Surveying $ NONE
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By tft-'/l_kfi /~ (-Jci/~/
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This Instrument Drafted by:
James H. Parker, Advance
COUNTY OF
was
State Deed Tax Due:
SS.
4':i:R. day
before me this
KAY L. CHRISTENSON
NOTARY PVSUC - MINNESOTA
HENNEPIN COUNTY
MY COMMi::'SiON EXPIRES 4,25-99
THIS EASEMENT IS MADE and entered into this
199 , by and between
day of
Grantors, and
, Grantees.
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WITNESSETH, that whereas said Grantor is the owner of the tract of
land in the County of Hennepin, State of Minnesota, described as
follows:
DESCRIPTION OF PROPERTY:
That part of the Southeast Quarter of the Northeast Quarter of Section
32, Township 117 North, Range 23 West of the 5th Principal Meridian
described as follows:
Beginning at a point 18 1/2 rods (305.25 feet) North of the
southwest corner of the Southeast Quarter of the Northeast
Quarter of said Section, Town and Range in the center of
Excelsior and Smithtown Road (so called); thence from said point
North 51 1/2 degrees East 14 1/2 rods (239.25 feet) along the
center line of said road; thence North 52 9/16 rods (867.28
feet); thence West 11 rods 3 3/4 feet (185.25 feet); thence South
61 1/2 rods (1014.75 feet) to beginning (also known as Lot 112,
Auditor's Subdivision No. 133, Hennepin County, Minnesota);
except that part thereof that lies north of the south line of the
north 33 feet of said Southeast Quarter of the Northeast Quarter;
except that part thereof platted as Shady Lawn Manor;
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except that part thereof which lies south of a line 33 feet
northwesterly from and parallel to the following described line
"A":
Commencing at the intersection of the north line of the
South Half of Section 32, Township 117, Range 23, Hennepin
County, Minnesota; and the center line of Grant Lorenz Road;
thence southerly along said center line of Grant Lorenz Road
a distance of 20.48 feet; thence easterly deflecting to the
left 93 degrees 19 minutes 30 seconds a distance of 76.16
feet; thence northeasterly a distance of 386.22 feet along a
tangential curve, concave to the southeast having a radius
of 572.96 feet and a central angle of 24 degrees 00 minutes
00 seconds; thence northeasterly tangent to said curve, a
distance of 81.64 feet; thence northeasterly along a
tangential curve, concave to the southeast having a radius
of 572.96 feet and a central angle of 24 degrees 00 minutes
00 seconds; thence northeasterly tangent to said curve a
distance of 135.00 feet to the point of beginning of said
Line "A"; thence continuing northeasterly on the
prolongation of the last described line a distance of 107.76
feet; thence northeasterly a distance of 190.00 feet along a
tangential curve, concave to the northwest, having a radius
of 572.96 feet and a central angle of 19 degrees 00 minutes
00 seconds; thence northeasterly, tangent to said curve a
distance of 21.54 feet and said Line "A" there terminating.
except the North 544.50 feet thereof.
Exhibit C-2
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NOW, THEREFORE, Grantor, in consideration of one Dollar and other good
and valuable consideration, to it in hand paid by Grantee, receipt of
which is hereby acknowledged, hereby grants to said Grantee, its
successors and assigns, the following easement:
DESCRIPTION OF EASEMENT:
An easement for drainage and utility purposes over, under and across
the North, South, East and West 10 feet of the above described
property.
IN WITNESS WHEREOF, said Grantor has hereunto set its hand the day and
year first above written.
This Instrument Drafted by:
State Deed Tax Due:
James H. Parker, Advance Surveying
$ NONE
W~ LVi< f e.d<-
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By
STATE OF 11lD',v~
COUNTY OF LfA~
The go'ng instrument
of
By
SS.
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day
was acknowledged before me this
, 19 ~__."'. ....
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· t.:. .~:\, .;,-'w :.. CHRISTENSON
'. .' ":'\ ,-,or ".flY f,.jULiC _
, 'C"';""" . ..i:t "', '_. ,MINNESOTA
: "';' ,.,;,;,> " ;:~''>INEP'N COUNTY
i. ~.-~~"""::.-.. ...,::,MI-f,;;'S/UN EXPIRes 4-25-99
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Declaration of Covenant
This Declaration, made this 7th day of February, 1994 by
Wallace R. Peck and Elizabeth B. Peck, husband and wife, is as
follows:
1. Wallace R. Peck and Elizabeth B. Peck are owners of certain
property located in the City of Shorewood, County of Hennepin,
State of Minnesota, more particularly described on Exhibit B.
2. That two existing sheds on the property described in Exhibit
B encroach up to 3.5 feet onto the property adjoining owned by
Wallace R. Peck and Elizabeth B. Peck and described in Exhibit
A.
3 . The City of Shorewood has required as a condition of the
division of the property described as Exhibit A the
declaration herein.
NOW THEREFORE, Wallace R. Peck and Elizabeth B. Peck hereby
declare that the premises described in Exhibit B shall hereafter be
held, sold and conveyed subject to the following covenant, which
shall be binding on all parties having any right, title or interest
in the described premises or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of the
. adjoining parcel.
1. The two sheds on the premises described in Exhibit Band
encroaching on the adjoining property will be removed or
relocated in compliance with zoning requirements of the City
of Shorewood at such time as the fee ownership of the premises
described in Exhibit B is conveyed, or at such time as any
accessory building, including a garage is added to the
premises described in Exhibit B, whichever occurs first.
2. This covenant is to run with the land and shall be binding on
all parties and all persons claiming under them.
IN WITNESS WHEREOF, Wallace R. Peck and Elizabeth B. Peck,
husband and wife have caused this declaration to be executed the
day and year first above written.
Wallace R. Peck
Elizabeth B. Peck
The foregoing instrument was acknowledged before me this
of February, 1994, by Wallace R. Peck and Elizabeth B.
husband and wife.
day
Peck,
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Notary Public
Exhibit 0
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~ LEGAL DESCRIPTION OF PARCEL A:
That part of the Southeast Quarter of the Northeast Quarter of
Section 32, Township 117 North, Range 23 West of the 5th Principal
Meridian described as follows:
Beginning at a point 18 1/2 rods (305.25 feet) North of the
southwest corner of the Southeast Quarter of the Northeast
Quarter of said Section, Town and Range in the center of
Excelsior and Smithtown road (so called); thence from said
point North 51 1/2 degrees East 14 1/2 rods (239.25 feet)
along the center line of said road; thence North 52 9/16 rods
(867.28 feet); thence West 11 rods 3 3/4 feet (185.25 feet);
thence South 61 1/2 rods (1014.75 feet) to beginning. (also
known as Lot 112, Auditor's Subdivision No. 133, Hennepin
County, Minnesota);
except that part thereof that lies north of the south line of
the north 33 feet of said Southeast Quarter of the Northeast
Quarter;
except that part thereof platted as Shady Lawn Manor;
except the East 80 feet of the North 544.50 feet thereof.
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EXHIBIT A
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LEGAL DESCRIPTION OF PARCEL B:
The East 80 feet of the North 544.50 feet of that part of the
Southeast Quarter of the Northeast Quarter of Section 32, Township
117 North, Range 23 West of the 5th Principal Meridian described as
follows:
Beginning at a point 18 1/2 rods (305.25 feet) North of the
southwest corner of the Southeast Quarter of the Northeast
Quarter of said Section, Town and Range in the center of
Excelsior and Smithtown road (so called); thence from said
point North 51 1/2 degrees East 14 1/2 rods (239.25 feet)
along the center line of said road; thence North 52 9/16 rods
(867.28 feet); thence West 11 rods 3 3/4 feet (185.25 feet);
thence south 61 1/2 rods (1014.75 feet) to beginning. (also
known as Lot 112, Auditor's Subdivision No. 133, Hennepin
County, Minnesota);
except that part thereof that lies north of the south line of
the north 33 feet of said Southeast Quarter of the Northeast
Quarter;
except that part thereof platted as Shady Lawn Manor;
EXHIBIT B