90-049
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RESOLUTION NO .49 -90
A RESOLUTION APPROVING SIMPLE SUBDIVISION
AND LOT AREA VARIANCE FOR
DONALD MULLENBACH
WHEREAS, Donald Anthony Mullenbach and Delores M. Mullenbach
(Applicant) are the owners of certain real 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
said real property into two parcels legally described in Exhibit 2,
attached hereto and made a part hereof; and
WHEREAS, the Applicant and all other parties holding an interest
in the said real property have agreed to grant to the City certain road
and drainage and utility easements legally described in Exhibit 3,
attached hereto and made a part hereof; and
WHEREAS, the subdivision requested by Applicant complies in all
respects with the Shorewood City Code, except that the two new lots
created by the division will contain less than the minimum square footage
permitted by the zoning code for the district in which the property is
located, and a variance will therefore be required; and
WHEREAS, a public hearing was held to consider the variance by
the Shorewood Planning Commission on 1 May 1990, for which notice was duly
published and all adjacent property owners duly notified.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. T hat the subject property is located in an R -1 A,
single-family residential zoning district, which requires minimum square
footage of 40,000 square feet per lot.
2. That the property to be divided contains a total of 67,315
square feet in area and is currently occupied by the Applicant's home and
a substandard accessory building. Applicant has agreed to remove the
accessory building.
3. That the proposed division into two lots, one containing
32,717 square feet and the other lot containing 34,598 square feet, is a
reasonable use for the property, considering the location of the existing
single-family dwelling on the property.
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4. T he public street known as Strawberry Lane has only 25 feet
of right-of-way to the east of the subject site. The Applicant has agreed
to provide the City with a permanent easement for roadway purposes over
the easterly 25 feet of the subject property which will allow Strawberry
Lane to be brought up to standard width for City streets. The Applicant
has further agreed to provide a permanent easement for roadway purposes
over the northerly 50 feet of the subject property adjacent to Smithtown
Road, which will align the south side of Smithtown Road between Westlawn
Two Addition to the west of the subject site, and Pebble Brook Addition to
the east.
5. That the variance requested 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 location of the existing single-family
dwelling, the City roads and the easements required by the City over and
across the property, the division proposed by the Applicant would appear
to be the most appropriate and reasonable manner of dividing the property.
2. That 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 M. S. Section 462.357, Subd. 6 (2) .
3. That based upon the foregoing, the City Council hereby grants
the Applicant's request for a variance as set forth hereinabove.
4. That the real property legally described in Exhibit 1 be
divided into two parcels, legally described in Exhibit 2.
5. That the City Clerk furnish Applicant with a certified copy
of this Resolution for recording purposes.
6. That Applicant record this Resolution, together with the road
and drainage and utility easements attached hereto as Exhibit 3, with the
Hennepin County Recorder or Registrar of Titles within ninety (90) days of
the date of adoption of this resolution.
ADOPTED BY THE CITY
11th day of June, 1990.
ITY OF SHOREWOOD this
Roll Call Vote:
Ayes -
Nays -
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All that part of Lot 10, Auditor's Subdivision Number Two Hundred
Forty-seven (247), Hennepin County, Minnesota, described as follows:
Commencing at the Northeast corner of said Lot 10; thence West along
the North line of said Lot 10 a distance of 185.0 feet; thence South
and parallel-with the East line of said Lot 10 a distance of 470.92
feet; thence East and parallel with the North line of said Lot 10 a
distance of 185.0 feet to the East line of said Lot 10; thence North
along the East line of said Lot 10 a distance of 470.92 feet to the
point of commencement.
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EXHIBIT 1
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LEGAL DESCRIPTION - PARCEL "A":
That part of Lot 10, AUDITORS SUBDIVISION NO. 247,
Hennepin County, Minnesota described as follows:
Beginning at the northeast corner of snit) Lot 10:
thence west along the north line of said Lot 10 (l disti\llCP.
of 185.00 feet; thence south parallel with the eaRt J lrH~ of
said Lot 10 a distance of 254.68 feet: thence east parallel
with the north line of said Lot 10 a dlstance of lU5.00 feet
to the east line of said Lot 10; lhem.:e north alon<) sairl
east line a distance of 254.68 feet to the point of
beginning.
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LEGAL DESCRIPTION - PARCEL "B":
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'I'hat part of Lot 10, AUDITORS SUIHJJVISION NO. 247,
Hennepin County, Minnesota described as follows:
Commencing at the northeast corner of sald Lot 10;
thence west along the north line of said Lot 10 a distance
of 185.00 feet; thence south parallel with the east line of
said Lot 10 a distance of 254.68 feet to the point of
beginning; thence continue south parallel with said east
line of Lot 10 a distance of 216.24 feet; thence east
parallel with the north line of said Lot 10 a distancn (Jf
185.00 feet to the east line of said Lot 10; thence north
along said east line a distance of 216.24 feet to a 1111e
drawn east, parallel with the north line of said Lot lU from
the point of beginning; thence west parallel with the north
line of said Lot 10 a distance of 185.00 feet to the point
of beginning.
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EXHIBIT 2
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Form No. 20.M-OUIT CLAIM DEED
Indivlduollsl to CorporoUon
or Partnership
Ml(.;~~i.' U~"t9i", C~nVf!yilnelnl Blank, (1918)
\\.~.::\ ~,j,; i ; . .,' .
'- ,.....,""' .....,.'2 l.
. ..........--......-.--.-.\
;
Mlller.Oavls Co., Mlnn..poll,
No delinquent taxes and transfer entered; Certificate
of Real Estate Volue ( ) filed ( ) not required
Certificate of Real Estate Value No.
.19_
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $ Exempt
Date:
May
.19~
(reserved for recording data)
FOR VALUABLE CONSIDERATION, DONALD ANTHONY MULLENBACH and DELORES M. MULLENBACH.
husband and wife, . Grantor (s).
(marital stltus'
hereby convey (s) and quitclaim (s) to
CITY OF SHOREWOOD
, Grantee,
a municipal corporation under the laws of State of Minnesota
real property in Hennepin County, Minnesota, described as follows:
A permanent easement for road over, under and across the Northerly 50 feet and the
Easterly 25 feet of the following described property:
Also, a permanent easement for drainage and utility purposes, over, under and across
the Westerly 10 feet and the Southerly 10 feet of the following described property:
That part of Lot 10, AUDITORS SUBDIVISION NO. 247, Hennepin County, Minnesota, des-
cribed as follows:
Beginning at the northeast corner of said Lot 10; thence west along the north line
of said Lot 10 a distance of 185.00 feet; thence south parallel with the east line
of said Lot 10 a distance of 254.68 feet; thence east parallel with the north line
of said Lot 10 a distance of 185.00 feet to the east line of said Lot 10; thence
north along said east line a distance of 254.68 feet to the point of beginning.
Also, a permanent road easement over, under and across the easterly 25 feet of the
following described property:
(CONTINUED ON BACK SIDE)
(If marl spoco Is n.odod, continuo on bockl
together with all hereditaments and appurtenances belonging thereto.
,\ HI}; D.'.~r! Ta.; ~:':I'I1P lil:!'('
Donald Anthony Mullenbach
Delores M. Mu11enbach
STATE OF MINNESOTA
COUNTY OF HENNEPIN
} 5S.
The foregoing Instrument was acknowledged before me this day of May
by DONALD ANTHONY MULLENBACH and DET.ORF.!; M MIlT.T.F.NRAr.H. hll"h,>ntl anti ,..4 {D.
. lL2.Q..
, Grantor (s).
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NOTAIlIAL STAMP Oil SEAL (OR OTHER TITLE OR RANK)
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
Tax Sh.tementa tor the real property described In lhl. In.trumenl tho\l1d
b, ..ntto (Include name and addle.. of Gnnt..).
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THIS INSTRUMENT WAS DRAFTED BY (N AME AND ADDRESS)' ,
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
JAMES N. GRATHWOL
Attorney at Law
216 Water Street
Exce1sior,MN 55331
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EXHIBIT 3, Page 1
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(LEGAL DESCitIPTIOU CON'XINUED)
Also, a permanent easement for drainage and utility purposes, over, under
and across the Northerly 10 feet, the Westerly 10 feet. and the Southerly
10 feet of the following described property:
That part of Lot 10. AUDITORS SUBDIVISION NO. 247, Hennepin County.
Minnesota, described as follows:
Commencing at the northeast corner of said Lot 10; thence west along the
north line of said Lot 10 a distance of 185.00 feet; thence south parallel
with the east line of said Lot 10 a distance of 254.68 feet to the point
of beginning; thence continue south parallel with said east line of Lot
10 a distance of 216.24 feet; thence east parallel with the north line
of said Lot 10 a distance of 185.00 feet to the east line of said Lot
10; thence north along said east line a distance of 216.24 feet to a
line drawn east, parallel with the north line of said Lot 10 from the
point of beginning; thence west parallel with the north line of said Lot
10 a distance of 185.00 feet to the point of beginning.
CONSENT
IDS CERTIFICATE COHPANY, holder of a mortgage on the foregoing premises. consents to
and joins in the easements as above set forth.
Dated:
, 1990
IDS CERTIFICATE COMPANY
By
Its
By
Its
STATE OF
)
) ss
)
COUNTY OF
On this ___ day of , 1990, before me, a Notary Public within and for said
County, personally appeared and , to me per-
sonally known, who, being each by me duly sworn, did say that they are respectively the
and of IDS CERTIFICATE COMPANY. the corporation nam~d in
the foregoing instrument, and that the seal affixed to said instrument is the corporate
seal of said corporation, and that said instrument was signed and sealed in behalf of
said corporation by authority of its Board of and said
and acknowledged said instrument to be the free act and deed
of said corporation.
Notary Pub1ic
CON S E N T
TCF BANK SAVINGS FSB, f/k/a TCF BANKING AND SAVINGS FA. holder of a mortgage on the
foregoing premises, consents to and joins in the easements as above set forth.
Dated:
, 1990
TCF BANK SAVINGS FSB, f/k/a TCF BANKING
AND SAVINGS FA
By
Its
By
Its
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
On this day of , 1990, before me, a Notary Public within and for
said County, ~sonally appeared and
to me personally known, who, being each by me duly sworn, did say that they are res-
pectively the and of TCF BANK SAVINGS
FSB, f/k/a TCF BANKING AND SAVINGS FA, the corporation named in the foregoing instrument,
and that the seal affixed to said instrument is the corporate seal of said corporation,
and that said instrument was signed and sealed in behalf of said corporation by
authority of its Board of and said and
acknowledged said instrument to be the free act and
deed of said corporation.
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Notary Public
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EXHIBIT 3. Pa~e 2