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90-087 . . . RESOLUTION NO. 87-90 A RESOLUTION APPROVING A SIlvIPLE SUBDIVISION AND LOT WIDTH VARIANCE WHEREAS, Phyllis Lovrien (Applicant) is the owner of certain real property (Subject Property) in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit 1, attached hereto and made a part hereof; and WHEREAS, Applicant has applied to the City for a subdivision of the subject property into two parcels, as set out in the Registered Land Survey attached hereto and made a part hereof as Exhibit 2; and WHEREAS, the Applicant and all other parties holding an interest in the said real property have agreed to grant to the City certain drainage and utility easements legally described in the Development Agreement, attached hereto and made a part hereof as Exhibit 3; and WHEREAS, the subdivision requested by Applicant complies in all respects with the Shorewood City Code, except that the southerly parcel does not have a minimum width of 120 feet at the 50 foot setback line as required by the Zoning Code for the District in \'v-hich the property is located, and a variance is therefore required; and WH ERE AS, after required notice, a public hearing was held and the application reviewed by the Planning Commission at regular meetings held on 7 November 1989, and 21 November 1989, the minutes of which meetings are on file at City Hall; and WHEREAS, the Applicant's representative appeared before the City Council at a regular meeting of the Council held on 4 December 1989, at which time the Planner's memoranda were 'reviewed and comments were heard by the Council from the Applicant's 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 Applicant's request for a subdivision and lot width variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT (1) That the Subject Property is located in an R-1A, single family residential zoning district, which requires a minimum square footage of 40,000 square feet per lot. ,- . . . (2) T hat the proposed subdivision contemplates a northerly lot (Tract A) containing 40,000 square feet on which a homestead is presently located, and a southerly lot (T ract B) containing approximately 11. 7 acres which is to be retained for future development. (3) T hat in order to provide for street access to Tract B, it is necessary that Tract B include a strip of land reserved for future street dedication, extending northerly to front on Edgewood Drive. (4) T hat such proposed configuration of Tract B would result in Tract B having a lot width of only 66.31 feet at the front yard setback line of the property whereas the zoning ordinance requires a lot width of 120 feet at the front yard setback line. ( 5) T hat Applicant's request is consistent with past City policy pe-rmitting homestead parcels to be separated from larger tracts o-f undeveloped land. (6) T hat the reservation of a strip of land for future dedication as a public street at the time of development of the land is also consistent with City policy. (7) That the division of the Subject Property into two lots as proposed by the Applicant and the variance required for such division constitutes a reasonable use for the property. (8) That the variance, if granted, would not violate the intent and purpose of the City Comprehensive Plan and would not alter the essential character of the locality. CONCLUSIONS ( 1) That due to the unique nature of the Subject Property, the division proposed by the Applicant would appear to be the most appropriate and reasonable manner of dividing the land. (2) That the Registered Land Survey attached hereto as Exhibit 2 subdividing the Subject Property into two parcells, Tract A and Tract B, is hereby approvedand accepted. (3) That the Applicant has satisfied the criteria for the variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.357, Subd. 6(2). (4) That based on the foregoing, the City Council hereby grants the Applicant's request for a variance as set forth hereinabove, subject to the following conditions: .i . . . ( a) That any future division of Tract B be accomplished through formal platting procedures, and that such plat provide for a strip of land for future dedication as a public street, as set forth in Exhibit 4, attached hereto and made a part hereof. (b) T hat any future construction plans for Tract A or Tract B shall treat the said reserved strip of land as a public street for purposes of determining setback requirements. (c) T hat the approval granted herein is specifically _conditioned upon the terms and conditions contained in the Development Agreement attached hereto as Exhibit 3. (d) That Applicant 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. (5) That the Mayor and City Administrator/Clerk are hereby authorized to execute the attached Development Agreement on behalf of the City Council. ADOPTED BY THE CITY COUNCIL this 13th day of ,August, 1990. . A;TTEST: /~< ( (_ i 'i ._.:W.ClLfl..L-l l~ \"U~(l,w\...rL:. ''L Laurence E. Whittaker City Administrator/Clerk Roll Call Vote: Ayes - '5 Nays - 0 , . . . DEVELOPMENT AGREEMENT of Shorewoo referred referred AGREEMENT, made and entered into this 9~~ day , 1991, by and between the City of a Minnesota Municipal Corporation, hereinafter to as "City", and Phyllis M. Lovrien, hereinafter to as "Lovrien"; WHEREAS Lovrien is the owner of certain property described in Exhibit "A"; and WHEREAS, the City has by resolution agreed to allow the above described property to be divided as a simple subdivision by filing of a Registered Land Survey, and in reliance thereon Lovrien has proceeded to effect that simple subdivision. NOW, THEREFORE, in consideration of the foregoing provisions and acceptance by the City of the Registered Land Survey as the simple subdivision, the City and Lovrien agree as follows: 1. That Lovrien has provided a Registered Property Abstract for examination by the City Attorney showing title to the property to be in the name of Phyllis M. Lovrien. 2. That the City agrees to approve the Registered Land Survey heretofore submitted, which divides the subject property into two parcels. 3. That Lovrien shall pay forthwith all required park fees. 4. That on Tract B of the proposed RLS there exists one storage building. Lovrien agrees to remove said building from the property within a period of one year from the date of this Agreement. To assure and guarantee the City that such removal will be accomplished, Lovrien agrees to furnish the City with either a cash depotit or an irrevocable letter of credit approved by the City in the sum of $1,000.00. Said deposit or letter of credit shall remain in effect until such time as the said buildings are removed. If such buildings are not removed from the property within one year from the date hereof, such deposit or letter of credit may be utilized by the City to defray the cost of such removal by the City. . . . 5. Lovrien agrees to provide the City with the necessary drainage and utility easements as described on the attached Quit Claim Deeds marked Exhibit "8" and PC". The drainage easements shall be executed and filed by Lovrien within 48 hours following filing of the approved Registered Land Survey for the property. 6. The City and Lovrien agree that Exhibit 4 attached to the City's Resolution approved a simple subdivision of the property represents one possible approach to lot division of the property and that neither party is bound or committed to such lot division. Dated: q ()~~f~4 C; / CITY OF SHOREWOOD '-p t.~ J s C. Hurm C' y Administrator/Clerk '. . EXHIBIT "An Tha t p.:'l rt of t.l1e No l-thw<."!s t 1/'1 0 f the Northwes t 1/4, Section J 2, Townsl1ip 111, Range 23, described as beginning at a point on the North line of said quarter-quarter 774.5 feet West along said North 1 in0. from the Northeast corner thereof; thence South parallel to the East line of saic! quarter-quarter 365 feet; thence East parallel to said N.orth line 120 feet; thence South ,parallel to said East line 70.6 feet; thence East purallel to said North line 100 feet, more or less, to an int.ersection with a line drawn parallel to and 554.5 feet West from the East line of said guartQr-quarter, as measured parallel to the South 1 i,nc of said quarter-quarter; thence South parallel to said East. line to the Soutl1 1 ine of said quarter-quarter; thence Ivest alone) sui d Sou t h 1 i n 8 to <I n i n t'e r see t ion wit h a 1 in e d raw n par a 11 e 1 to and 300 feet East, l1lo.:\sl.ll:cd ilt r.ight angles, from the West line of s.:\icl qua rte r-qua rto c; t.hencCl North a long the last described pa ra 11 el 1 i ne to 'the North lin(~ of said CJuarter-quarter: thence East to the point of begillninq. . . . . . EXHIBIT "B" ForM No. 28.M-OUIT CLAIM DEED Individual tsJ to Corporation or Partnership Mlnnuota Uniform ConveyaneJng Blanks (1978) MiUe,.OaYI$ Co.. Minneolpohs No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19 ) County Auditor by Deputy . STATE DEED TAX DUE IIEB-EON: $ Date: ,19_ (reserved for recording data) FOR VALUABLE CONSIDERATION, Phyllis L. Lovrien, a single person (marital status) , Grantor te), hereby convey (s) and quitclaim (s) to~lfF. r. TTV nF ~HnnE.W.Qon , , Grantee, a Municip".gJ.~~O-ratiQn under the laws of t-1in.ne.sota *X~~~~~XXXXXXXXXXXx.x.xx.xxxxxxxxxxx.xxx;OJHt.WlxM~l@:w.:l<:xxlx~R~~Rbtw)tS: An easement in real property in Hennepin County, Minnesota, described as follows: An easement for drainage and utility purposes over and across an area five feet either side of a line drawn parallel to and lying five feet inside the boundary of the following described Parcel: Tract A, Registered Land Survey No. files of the Registrar of Titles in and for Hennepin County, Minnesota. . (H more space is needed, continue on back) together with all hert'ditallwnts and appurtenances belonging thereto. I.. STATE OF MINNESOTA COUNTY OF _HENNEPIN------ } 55. The foregoing iti5trument was acknowledged before me this by day of ,19_, , Grantor (5). NOTi\RI,\ L STAMr Oil SI':/\I. (OIL OTHEIl '1'1'1'1.1': ()IlIlANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tox Slatements tor the real property described In Ihls Instrument should be sent 10 (Include name and address 01 Grantee): TillS INSTRUMENT WAS DIlAFTED BY (N AME AND ADDRESS): ~ . . . EXHIBIT "e" ,. form No, 28.M-OUIT CLAIM DeED Individual (s) ro Corporation or Partnership M'lnnr.soh Uniform Convey.nclnfC Blanks (1978) Miller.Oavl, Co . Mlnn'!.ooh' No delinquent tax!'s and transfer entered; Certificate of Real Eslate Valu.e ( ) filed ( ) nul rcquircu Certificate of Real Estate Value No, ,19 ') County Auditor by Deputy STATE DEED TAX DUE HEREON: $ D&te: ,19_ (reserved for recording data) FOR VALUABLE CONSlDERATION, Phyllis L. Lovrien a single person (marital status) , Grantor f::ltl, hereby convey (5) and quitclaim (5) lo THE CITY OF SHOREWOOD, , Grantee. a Municipal Corporation under the Jaws of Minnesota ~~~px~~XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX~~~~M~~~~~*~~~o~: An easement in real property in Hennepin County, Minnesota, described as follows: An easement for drainage and utility purposes over and across an area five feet either side of a line drawn parallel to and lying five feet inside the boundary of the following described Parcel: Tract B, Registered Land Survey No. , files of the Registrar of Titles in and for Hennepin County, Minnesota. (if lIIore sptJce is necdctl, continue on lJack) together with all hereditaments and appurtenances belonging thereto. STATf~ OF MINN}<~SOTA COUNTY OF ___-HENNEEIN.-..___ I ~. The foregoing instrument was acknowlf~dged before me this by ____________ day of ,19_, , Grantor (s). :-;OTARIAL ST'\~lP OR SEAl, mil OTlIEll TI1'LE OIL RANI{) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tn St.t.menls tor the reol properly described In thl. Instrument should be sent to (Include name and addrlls of Grantee): . TillS INSTRUMENT \\' AS DRA n'EU BY (NAME AND ADDRESS):. - - .)<'.... -- .' .>~ ,.~' . / I . _..r,._ ''''P.,;,!,I.1..:...- .1 I I. OJt~o-jt- I I I I I f--. I -', I .~ I ... . 1 I , I I I 1 I ! I' l I i I .. : .., ~' -1/ . ~s. }.' '. .. i'~~'/:~ ::. . r ,.~.. It"! 1. .,1. " ! - "1 ~.. NOf+ ~. ! 1 t( ; : .. r ' ~ : .. .' :~~ .' ;,) II' .~ :- .. F"u+or.e. str-ee..t ~+~~.~.~ .: ..0 "'oO .' '. . ., I. ... ..":, .~ I !. ,. .- . .1.