91-028
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3/21/91
RESOLUTION NO.
28-91
A RESOLUTION APPROVING SUBDIVISION AND
COMBINATION OF REAL PROPERTY
AND GRANTING A VARIANCE THEREFOR
WHEREAS, Minnetonka Country Club Association, Inc., (Minnetonka) is
the owner of certain real property in the City of Shorewood legally described
in Exhibit A, attached hereto and made a part hereof; and
WH ERE AS, D oroth y M. Peterson (Peterson) is the owner of certain real
property in the City of Shorewood legally described in Exhibit B, attached
hereto and made a part hereof; and
WHEREAS, James A. Schuelke and Mary Ellen Schuelke (Schuelkes) are
the owners of certain real property in the City of Shorewood legally
described in Exhibit C, attached hereto and made a part hereof; and
WHEREAS, Jay A. Venero and Doris A. Venero (Veneros) are the owners
of certain real property in the City of Shorewood legally described in
Exhibit D, attached hereto and made a part hereof; and
WHEREAS, Richard A. Moore and Colleen Moore (Moores) are the owners
of certain real property in the City of Shorewood legally described in
Exhibit E, attached hereto and made a part her~of; and
WHEREAS, Minnetonka, Peterson, Schuelkes, Veneros, and Moores
(A pplicants) have applied to the City for a subdivision and combination of
said properties to form the parcels legally described in Exhibits F, G, H, I,
and J attached hereto and made a part hereof; and
WHEREAS, the subdivision and combination requested by Applicants
complies in all respects with the Shorewood City Code, except that the
Shorewood subdivision ordinance requires formal platting for subdivisions
involving more than three parcels, and the Applicants have therefore
requested a variance to permit the division and combination to be processed
by a simple subdivision resulting in a metes and bounds descriptions for the
resulting parcels; and
WHEREAS, a public hearing was held to consider the variance by the
Shorewood Planning Commission on 5 March 1991, which notice was duly
published and all adjacent property owners duly notified; and
WHEREAS, the Shorewood City Council considered the application at a
regular meeting held on 11 March 1991, at which time the Planner's memorandum
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was reviewed and comments were heard by the Council, from the Applicants'
representative, and from the City staff; and
WHEREAS, the City Attorney was directed by the City Council to
prepare a resolution setting forth findings and conclusions approving the
Applicants' request for a subdivision and combination and a variance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Shorewood as follows:
FINDINGS OF FACT
1. T hat all of the parcels which are the subject of the subdivision
and the combination are located in a R-1A, single family, residential zoning
district.
2. That the proposed subdivision and combination involves five
parcels of land and the Shorewood subdivision ordinance requires formal
platting for subdivisions involving more than three parcels of land.
3. That the present configurations of the subject parcels of land
have been the subject of boundary line disputes between the property owners
during the past several years.
4. That the proposed subdivision and combination of the parcels as
proposed by the Applicants and the variance required for such subdivision and
combination will serve to resolve such boundary line disputes and constitute
a reasonable use for the properties.
5. That the subdivision and combination and variance, if granted,
will not violate the intent and purpose of the City Comprehensive Plan and
will not alter the essential character of the locality.
CONCLUSIONS
1. That due to the unique nature of the subject properties and the
history of disputes involving the boundary lines between the various parcels
comprising the properties described in the application, the subdivision and
combination proposed by the A pplicants appears to be the most appropriate and
reasonable manner of resolving said disputes and settling the boundary line
locations.
2. That the Applicants have satisfied the criteria for the variance
under Section 1201.05 of the Shorewood City Code, and have established undue
hardship as defined by Minnesota Statutes Section 462.357, S ubd. D 6 (2) .
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3. That based upon the foregoing, the City Council hereby grants
the Applicants' request for a subdivision and combination and variance as set
forth hereinabove.
4. That the real properties legally described in Exhibits A, B, C,
D, and E be subdivided and combined to form the parcels legally described in
Exhibits F, G, H, I, and J.
5. That Applicants shall record this resolution, together with the
exhibits attached hereto, with the Hennepin County Recorder or Registrar of
Titles within thirty (30) days of the date of certification.
ADOPTED BY THE CITY COUNCIL OF THE
25th day of March, 1991.
CITY OF SHOREWOOD this
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Barbara;t. Brancel, Mayor
ATTEST:
Bradley J. Nielsen
Acting City Administrator/Clerk
Roll Call Vote:
A yes -
Nays -
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PIN
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Owners
33-117-23-31-0004 Minnetonka Country Club
Association, Inc.
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33-117-23-32-0014
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Minnetonka County Club
Association, Inc.
Present Description
Lot 50 and the North 50 feet of
Lot 55, lying East of the West
line of Lot 3, Minnewashta Park
Extendeq in Auditor's Subdivision
Number 133, Hennepin County,
Minnesota.
Lot 1, Meeker's Outlots to
Excelsior, Hennepin County,
Minnesota.
EXHIBIT A
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Owners
Present Description
33-117-23-32-0001
Dorothy M. Peterson
Lot 69, Auditor's Subdivision
Number 133, Hennepin County,
Minnesota.
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EXHIBIT B
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33-117-23-32-0002
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Owners
James A. Schuelke and
Mary Ellen Schuelke
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Present Description
The North 1 acre, except the
South 13 feet of Lot 70,
Auditor's Subdivision Number
133, Hennepin County, Minnesota.
EXHIBIT C
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33-117-23-32-0004 Jay A. Venero and
Doris A. Venero
Present Description
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Lot 70, except the North 2 acres
thereof, Auditor's Subdivision
Number 133, Hennepin County,
Minnesota, also the South 13 feet
of the North 2 acres of Lot 70,
Auditor's Subdivision Number 133,
Hennepin County, Minnesota.
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EXHIBIT D
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33-117-23-32-0003
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Richard A. Moore and
Colleen Moore
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The South 1 acre of the North
2 acres, except the South 13
feet thereof, and the South 13
feet of the North 1 acre of
Lot 70, Auditor's Subdivision
Number 133, Hennepin County,
Minnesota.
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EXHIBIT E
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Owners
Minnetonka Country Club
Association, Inc.
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Minnetonka County Club
Association, Inc.
Description
After Lot Splits
Lot 50 and the North 50 feet of
Lot 55, lying East of the West
line of Lot 3, Minnewashta Park
Extended in Auditor's Subdivision
Number 133, Hennepin Coun~y, Minnesota,
EXCEPT the most westerly 14 feet of
said Lot 50, as measured at right
angles to the most westerly line
of said Lot 50.
That part of Lot 1, Meeker's Outlots
to Excelsior, Hennepin County,
Minnesota, lying northerly of a line
drawn from a point on the east line of
said Lot 1, distant 45.6 feet north
from the southeast corner of said
Lot 1, to a point on the west line of
said Lot 1, distant 40 feet north from
the southwest corner of said Lot 1.
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EXHIBIT F
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Owners
Dorothy M. Peterson
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Description
After Lot Splits
That part of Lot 69, Auditor's Sub-
division Number 133, Hennepin County,
Minnesota, lying northerly of a line
drawn from a point on the east line of
said lot, distant 34.03 feet north from
from the southeast corner of said lot,
to a point on th west line of said lot,
distant 22 feet north from the southwest
corner of said lot.
That part of the most westerly 14 feet
of Lot 50, Auditor's Subdivision Number
133, Hennepin County, Minnesota, as
measured at right angles to the most
westerly line of said Lot 50, lying
north of the South 563.47 feet of said
westerly 14 feet of Lot 50, as measured
along the most westerly line of said Lot
50.
That part of Lot 1, Meeker's Outlots to
Excelsior, Hennepin County, Minnesota,
lying southerly of a line drawn from a
point on the east line of said Lot 1,
distant 45.6 feet north from the
southeast corner of said Lot 1, to a
point on the west line of said Lot 1,
distant 40 feet north from the southwest
corner of said Lot 1.
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EXHIBIT G
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Owners
James A. Schuelke and
Mary Ellen Schuelke
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Description
After Lot Splits
The North 1 acre, except the
South 13 feet of Lot 70,
Auditor's Subdivision Number
133, Hennepin County, Minnesota,
That part of Lot 69, Auditor's
Subdivision Number 133, Hennepin County,
Minnesota, lying southerly of a line
drawn from a point on the east line of
said lot, distant 34.03 fe~t north from
the southeast corner of said lot, to a
point on the west line of said lot,
distant 22 feet north from the southwest
corner of said lot.
The North 154.23 feet of the South
563.47 feet of the most westerly 14 feet
of Lot 50, Auditor's Subdivision Number
133, Hennepin County, Minnesota, as
measured along and at right angles to
the most westerly line of said Lot 50.
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EXHIBIT H
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Owners
Jay A. Venero and
Doris A. Venero
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Description
After Lot Splits
Lot 70, except the North 2 acres
thereof, Auditor's Subdivision
Number 133, Hennepin County,
Minnesota, also the South 13 feet
of the North 2 acres of Lot 70,
Auditor's Subdivision Number 133,
Hennepin County, Minnesota.
The South 276.01 feet of the most
westerly 14 feet of Lot 50~ Auditor's
Subdivision Number 133, Hennepin County,
Minnesota, as measured along and at
right angles to the most westerly line
of said Lot 50.
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EXHIBIT I
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Richard A. Moore and
Colleen Moore
Description
After Lot Splits
The South 1 acre of the North
2 acres, except the South 13
feet thereof, and the South 13
feet of the North 1 acre of
Lot 70, Auditor's Subdivision
Number 133, Hennepin County,
Minnesota.
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The North 133.23 feet of the South.'
409.24 feet or the most westerly 14 feet
of Lot 50, Auditor's Subdivision Number
133, Hennepin County, Minnesota, as
measured along and at right angles to
the most westerly line of said Lot 50.
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EXHIBIT J