92-083
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RESOLUTION NO. 83-92
A RESOLUTION GRANTING A VARIANCE TO BUILD A PRIVATE ROAD
SERVING THREE RESIDENTIAL LOTS TO SUMMIT CREEK HOMES, INC.
WHEREAS, Summit Creek Homes, Inc. (Applicant) is the owner of real property
located at 5365, 5371 and 5375 Shady Hills Circle in the City of Shorewood, County of
Hennepin, State of Minnesota, legally described as:
Lots 5, 6, and 7, Block 4, Shady Hills"
and
WHEREAS, the property exists as three separate lots, all having frontage on Shady
Hills Circle; and
WHEREAS, the property is characterized by drastic changes in topography and the
buildable portions of the lots are significantly lower than the street; and
WHEREAS, the Applicant has applied for a variance to construct a private road to
serve the three lots; and
. WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in memoranda to the Planning Commission dated 30
July and 14 August 1992 which memoranda are on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 4 August 1992, the
minutes of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request for a variance was considered by the City
Council at their regular meeting on 24 August 1992 at which time the Planner's memoranda
and the minutes of the Planning Commission were reviewed and comments were heard by the
Council from the City staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
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1. That the Subject Property is located in an R-1C Single-family Residential
zoning district.
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2. That the topography of the lots is such that three separate driveways would
require substantial site alteration and result in potentially hazardous access to Shady Hills
Circle.
3. That the private road provides safer access to the three lots with less alteration
to the site.
4. That the plans for the private road submitted by the Applicant have been
approved by the City Engineer.
5. That the Declaration of Easement and Restrictions (Exhibit A) submitted by
the Applicant has been approved by the City Attorney.
CONCLUSIONS
1. That based upon the foregoing, the City Council hereby grants the Applicant's
request for a variance to build a private road serving three lots.
2. That the private road be completed prior to the issuance of occupancy permits
for Lots 5 and 7.
3. That the City Administrator/Clerk is hereby authorized and directed to provide
a certified copy of this resolution for filing with the Hennepin County Recorder or Registrar
of Titles.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 14th day of
September, 1992.
(6h.tB ~\ ~
Robert B. Daugherty, Acting Mayor
ATTEST:
es C. Hurm, City Administrator/Clerk
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DECLARATION OF EASEMENTS AND RESTRICTIONS
This Declaration is made on the date hereafter set forth by Summit Creek Homes, Inc.,
hereinafter referred to as the "Developer",
Whereas, Developer is the owner of certain real property legally described as Lots 5,6 and
7 Block 4, Shady Hills, Hennepin County Minnesota. Whereas, Developer desires to
subject the real property above described to this Declaration;
Now, therefore, Developer hereby declares that the real property shall be held, sold and
conveyeq., subject to the following easements, restrictions, covenants and conditions which
are for the purposes of protecting the value and desirability of and which shall run with the
real property and be binding on all the parties having any right, title, or interest in the
described property or any part thereof, their heirs, successors and assigns, and which shall
inure to the benefit of each owner thereof. This declaration may not be amended without
having first obtained the approval of the City Council of Shorewood.
1) OWNER'S EASEMENTS -
(a) The owners of Lot 5, Lot 6, and Lot 7 shall agree that an easement for private
driveway purposes shall be granted for the benefit of all three lots. The easement shall be
commonly known as the "driveway" and shall be legally described as follows:
An 18 foot wide easement for driveway purposes over and across that part of Lot 5
and Lot 6, Block 4, Shady Hills, according to the recorded plat thereof, Hennepin County,
Minnesota, the centerline of said easement described as follows:
Commencing at the northeast corner of said Lot 5, Block 4; thence south 10 degrees
00 minutes 00 seconds West, assumed bearing along the east line of said Lot 5, Block 4, a
distance of 30.50 feet to the point of beginning of the centerline to be described; thence
South 73 degrees 00 minutes 00 seconds West, a distance of 28.26 feet; thence
southwesterly along a tangential curve concave to the southeast, having a central angle of
63 degrees 00 minutes 00 seconds and a radius of 42.00 feet, for an arc distance of 46.18
feet; thence South 10 degrees 00 minutes 00 seconds West, tangent to said curve, a distance
of 61.76 feet; thence southerly along a tangential curve concave to the east, having a central
angle of 25 degrees 49 minutes 21 seconds and a radius of 130.87 feet, for an arc distance of
58.98 feet, and said centerline there terminating.
The sidelines of said easement are to be prolonged or shortened to terminate at said
east line of Lot 5, Block 4.
(b) The responsibility and cost for the care and maintenance of the driveway and
surrounding roadway described above shall be shared equally by the owners of Lot 5,Lot 6,
and Lot 7, Block 4, Shady Hills, Hennepin County. To the extent that any owner shall pay
more than that owner's 1/3 share of the cost and maintenance of the driveway, then that
owner shall have the right to a claim of indemnification and/or contribution from the other
1
Exhibit A
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owner or owners for the amount in excess of the 1/3. Care and maintenance of the
driveway and surrounding roadway shall include, but not be limited to, the following:
(1) Blacktopping or seal coating;
(2) Repairing of potholes or other damage;
(3) Removal of debris or other obstructions; and
( 4) Removal of snow
In Witness thereof, s1W ?ummit Creek Homes, Inc., has caused this declaration to be
executed this >2. C) ,day of June, 1992.
SUMMIT CREEK HO ES, INC.
The foregoing was acknowledged before me this ~.tt-. day of June, 1992, by
Gary A. Carlson, the President of Summit Creek Homes, Inc., a Mmnesota corporation on
behalf of the Corporation.
NO~
.,"0,;' RONALD JOHN WALSH
\,,~ NO~~~C';;~~~"
l ~ My eomm""" ExP'* July 23. 1993
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Dated:
September 14, 1992
CERTIFICATION
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
I, James C. Hurm, duly appointed City Administrator/Clerk of the
city of Shorewood, Hennepin County, Minnesota, do hereby certify
that the foregoing resolution is a true and correct copy of a
resolution adopted by the Council of the City of Shorewood and is
so recorded in the minutes of a meeting held on the 14th day of
September , 1992.
L~
C. Hurm
Administrator/Clerk