88-142
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RESOLUTION NO. 142-88
RESOLUTION APPROVING SIMPLE SUBDIVISION
AND LOT AREA VARIANCE
WHEREAS, Alice Goethke (Applicant) is the owner 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 Applicant has applied to the City for a subdivision
of said real property into two parcels legally described in Exhibit B,
attached hereto and made a part hereof; and
WHEREAS, the Applicant and all other parties holding interest in
the said real property have agreed to grant to the City certain drainage
and utility easements legally described in Exhibit C, 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 one of the new lots
created 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 November 1988, 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. That the subject property is located in an R-1C, single
family residential zoning district, which requires minimum square footage
of 20,000 square feet per lot.
2. T hat the property to be divided contains a total of 41,267
square feet in area and could be divided into two lots each containing in
excess of 20,000 square feet.
3. That due to the configurations of the property, a division
into lots of equal area would cause an irregularly shaped "flat lot" to be
formed which would not be a reasonable use for the property.
4. That the proposed division into two lots, one containing
24,393 square feet and the other lot containing 16,874 square feet, would
be a reasonable use for the property.
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5. T hat 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. T hat due to the unique configuration of the subject property,
the division proposed by the Applicant would appear to be the most
appropriate and reasonable manner of division.
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. T hat 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 A be
divided into two parcels, legally described in Exhibit B.
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
drainage and utility easements legally described in Exhibit C 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 CITY OF SHOREWOOD this 14th day of
November, 1988.
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk
ROLL CALL VOTES:
A yes - 5
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RESOLUTION NO. 142-88
RESOLUTION APPROVING SIMPLE SUBDIVISION
AND LOT AREA VARIANCE
WHEREAS, Alice Goethke (Applicant) is the owner 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 Applicant has applied to the City for a subdivision
of said real property into two parcels legally described in Exhibit B,
attached hereto and made a part hereof; and
WHEREAS, the Applicant and all other parties holding interest in
the said real property have agreed to grant to the City certain drainage
and utility easements legally described in Exhibit C, 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 one of the new lots
created 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 November 1988, 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. That the subject property is located in an R-1C, single
family residential zoning district, which requires minimum square footage
of 20,000 square feet per lot.
2. That the property to be divided contains a total of 41,267
square feet in area and could be divided into two lots each containing in
excess of 20,000 square feet.
3. That due to the configurations of the property, a division
into lots of equal area would cause an irregularly shaped "flag lot" to be
formed which would not be a reasonable use for the property.
4. That the proposed division into two lots, one containing
24,393 square feet and the other lot containing 16,874 square feet, would
be a reasonable use for the property.
AfI1"
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.
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5. 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 configuration of the subject property,
the division proposed by the Applicant would appear to be the most
appropriate and reasonable manner of division.
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 A be
divided into two parcels, legally described in Exhibit B.
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
drainage and utility easements legally described in Exhibit C 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 CITY OF SHOREWOOD this 14th day of
November, 1988.
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk
ROLL CALL VOTES:
Ayes - 5
'That part of Lot 120, Auditor's Subdivision No. 120, Hennepin County, Minnesota
described as follows:
Beginning at a point on the southeasterly line of said Lot 120 distant 250.00 feet
southwesterly from the northeast corner of said Lot 120; thence northeasterly along said
southeasterly line to said northeast corner; thence northwesterly along the
northeasterly line of said Lot 120 a distance of 80.00 feet; thence southwesterly 237.00
feet to a point distant 150.00 feet northwesterly of the point of beginning, said point
hereinafter referred to as point "A"; thence southwesterly to a'point on the
southwesterly line of said Lot 120 distant 150.00 feet northwesterly of the most
southerly corner of said Lot 120; thence southeasterly along said southwesterly line to
said most southerly corner; thence northeasterly along said southeasterly line to the
point of beginning.
Which lies southwesterly of a line drawn at right angles fromn said southeasterly line
of Lot 120 and extends through said point "A".
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EXH/8J7 A
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'rtherlY Parcel:!' ,
e northeasterly:173.00 feet of the following described property:
I
That part of Lot i20, Auditor's Subdivision No. 120, Hennepin County, Minnesota
described as follows:
Beginning at a point on the southeasterly line of said Lot 120 distant 250.00 feet
southwesterly from the northeast corner of said Lot 120; thence northeasterly along said
southeasterly line to said northeast corner; thence northwesterly along the
northeasterly line of said Lot 120 a distance of 80.00 feet; thence southwesterly 237.00
feet to a point distant 150.00 feet northwesterly of the point of beginning, said point
hereinafter referred to as point "A"; thence southwesterly to a point on the
southwesterly line of said Lot 120 distant 150.00 feet northwesterly of the most
southerly corner of said Lot 120; thence southeasterly along said southwesterly line to
said most southerly corner; thence northeasterly along said southeasterly line to the
point of beginning. .
Which lies southwesterly of a line drawn at right angles fromn said southeasterly line
of Lot 120 and extends through said point "A".
Southerly Parcel: :
That part of Lot 120, Auditor's Subdivision No. 120, Hennepin County, Minnesota
described as follows:
Beginning at a point on the southeasterly line of said Lot 120 distant 250.00 feet
southwesterly from the northeast corner of said Lot 120; thence northeasterly along said
southeasterly line to said northeast corner; thence northwesterly along the
StheasterlY line of said Lot 120 a distant of 80.00 feet; thence southwesterly 237.00
.t to a point distant 150.00 feet northwesterly of the point of beginning, said point
einaf~er referred to as point "A"; thence southwesterly to a point on the
southwesterly line of said Lot l20 distant 150.00 feet northwesterly of the most
southerly corner of said Lot 120; thence southeasterly along said southwesterly line to
said mostsoutherly corner; thence northeasterly along said southeasterly line to the
point of beginning.
Which lies southwesterly of a line drawn at right angles from said southeasterly line of
Lot 120 and extends through said point "A".
Except the northeasterly 173.00 feet of the above described property.
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eXHI81T 8
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"indiYiduiii iijio'nciiVidiliii iii-
No delinquent taxes and transfer entered; CertUicate
ot Real Estate Value ( ) tiled ( ) notrequlred
Certificate ot Real Estate Value No.
,19_
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $
Date:
,19~
(reserved lor recording data)
FOR VALUABLE CONSIDERATION, Ker:-mi t: .1
and wife and Douglas Sweeney and Dawn r
r.n~t:hk~ and Alir~ r
~w~,:t.npy:1' hll~h:ln(1 ~
Cmarllllllatusl
r.n~t:hk~ Iu1.s.ban
... i f p , Grantor (5),
hereby convey (5) and quitclaim (s) to
The Ci~y nf Rhnr~wnnd
, Grantee (5),
real property In JUtllnepin County, Minnesota, described as lollows:
A permanent easement for drainage and utility purposes, over, under and across the
northeasterly 10 feet, the northwesterly 10 feet and the southwesterly 10 feet of the
following described property:
That part of Lot 120, Auditor's Subdivision No. 120, Hennepin County, Minnesota, described
as follows:
Beginning at a point on the southeasterly line of said Lot 120 distant 250.00 feet
southwesterly from the northeast corner of said Lot 120: thence northeasterly along said
southeasterly line to said northeast corner: thence northwesterly along the northeasterly
line of said Lot 120 a distance of 80.00 feet: thence southwesterly 237.00 feet to a point
distant 150.00 feet northwesterly of the point of beginning, said point hereinafter
referred to as point "A": thence southwesterly to a point on the southwesterly line of said
Lot 120 distant 150.00 feet northwesterly of the most southerly corner of said Lot 120:
thence southeasterly along said southwesterly line to said most southerly corner: thence
northeasterly along said southeasterly line to the point of beginning. (Continued)
(II mora Ipaca II neaded, continua on back)
together with all hereditaments and appurtenances belonging thereto.
Kerm1t J. Goethke
Arfix Deed Tax Stamp Here
Al1ce L. Goethke
Douglas Sweeney
STATE OF MINNESOTA
COUNTY OF
} 5S.
Dawn C. Sweeney
,19_,
The foregoing Instrument was acknowledged before me this day of
by Kermit .1. Gnet:hke and 111 i.... r C09tl-]Jr9. h'1llbaRg aile;) 'life, aAEI
DouQlas_u.~~~~~~L_~~_~_~~-"_('~~_':.!..~9Y hll"h"n..l ;lAd "ih ,Grantor(s).
I NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
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L_.__. ___________..______
SIGNATURE OF nRsoN TAKING ACKNOWLEDGMENT
~:~.~t~r:rn~~\~J:~:::.~ ~~1 f~~~:::~rA~~r~~::)ln lhl. anltrum.nt mould
Douglas Sweeney and Dawn C. Sweeney
5905 Grant Street
Excelsior, MN 55331
iHiS-INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS)'
Steven J. Tierney
8000 Town Line Avenue
Bloomington, MN 55438
I
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EXHIBIT C-l
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.-indi;iduoiCI;torncilviciuiii il'-------- .
No delinquent tIlxes 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 HEREON: $
Date:
,19_
(reserved for recording data)
FOR VALUABLE CONSIDERATION, Kermit J. Goethke and Alice L. Goethke, husband
and wi fe, Grantor (s),
(marital ..atusl
herebyconvey(s)andquitclaim(s)to The City of Shorewood. a municipal corporation
. Grantee (s),
real property in Hennepi n County. Minnesota, described as follows:
A permanent easement for dr:-ainage and utility pur:-poses, over, under and across the
northeasterly 10 feet, the northwesterly 10 feet and the southwesterly 10 feet of the
following described property:
The northeasterly 173.00 feet of the following described property:
That part of Lot 120, Auditor's Subdivision No. 120, Hennepin County, Minnesota, described
as follows:
Beginning at a point on the southeasterly line of said Lot 120 distant 250.00 feet
southwesterly from the northeast corner of said Lot 120: thence northeasterly along said
southeasterly line to said northeast corner: thence northwesterly along the northeasterly
line of said Lot 120 a distance of 80.00 feet: thence southwesterly 237.00 feet to a point
distant 150.00 feet northwesterly of the point of beginning, said point hereinafter
referred to as point "A": thence southwesterly to a point on the southwesterly line of said
Lot 120 distant 150.00 feet northwesterly of the most southerly corner of said Lot 120:
thence southeasterly along said southwesterly line to said most southerly corner: thence
not"theasterly along said southeasllf:u;J,Yspl.ci.rJenetadt:dalhl~j,IilIiac€1f beginning. (Continued)
together with all hereditaments and appurtenances belonging thereto.
Kermit J. Goethke
Arrix Deed Tax Stamp lIert'
Alice L. Goethke
STATE OF MINNESOTA
COUNTY OF
} ".
The forl'golng Instrument was acknowledged before me this
by Kermit J. Goethke and Alice L. Goethke.
day of
hllRh;:tnn ~nn uifo
,19_,
, Grantor (s),
I NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
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,_.. ... ______. __ _... __.__u.__.____________.._____....
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS),
,Steven J. Tierney
'8000 Town Line Avenue
Bloomington, MN 55438
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
TIX Statement. for the real propfdy deterlbed In lhl. Inllrument mould
be tent to (Include nlme Ind add".. 0' Orant..):
Kermit J. Goethke and Alice L. Goethk
6010 Apple Road
Shorewood, MN 55331
EXHIBIT C-3
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l'AIUI/\L llt;Lt;Atil!: Ui" MUllH.iAUt;
IfoClul'to.IIJ' M
MJonellluUi Uniform Convey.ndlll Ulank.. lIlev. 10.3-86t
8, C~rP!'r.Uon or r.rtn.rllhip
Partial Release
of Mortgage
Date:
(reserved for recording data)
,19_
FOR VALUABLE CONSIDERATION, the real property in
Minnesota, legally described as follows:
A permanent easement for drainage and uti I fty purposes, over, under and
across the northeasterly 10 feet, the northwesterly 10 feet and the south-
westerly 10 feet of the following described property:
Hennepin
County,
The northeasterly 173.00 feet of the following described property:
That part of Lot 120, Auditor's Subdivision No. 120, Hennepin County,
Minnesota, described as follows:
Beginning at a point on the southeasterly I ine of said Lot 120 distant
250.00 feet southwesterly from the northeast corner of said Lot 120; thence
northeasterly along said southeasterly I ine to said northeast corner;
thence northwesterly along the northeasterly I ine of said Lot 120 a distance
of 80.00 feet; thence southwesterly 237.00 feet to a point distant 150.00
feet northwesterly of the point of beginning, said point hereinafter
referred to as point "A". thence southwesterly to a point on the south-
westerly line of said lol 120 di!tant 150.g0 feet northwesterly (continued)
(If more apace III needed, contlllllc Oil back) J 30 87
is hcreby released from th!' lien of the MorlRall'e, owned by the underlligned, dated an u a r y , 19_
executed by Kerlnl t J. Goethke and AI ice L. Goethke. Husband and Wi fe, as
J 0 i n t Ten ant s as Mortgagor to
tVnerican Fami Iy Financial Services, Inc. "
and filed forrecord Ma r chI 0 t h
(or ill Book ___ of
(Registrar of Titles) of Hennep i n
, as Mortgagee,
,19~!as DocumentNllmber 5237506
Page ), in the Office of the (County Uecorder)
County, Minnesota,
AMERICAN FAMILY FINANCIAL SERVICES, INC.
By
Its
STATE OF MINNESOTA
COUNTY OF
By
Its
The foregoing instrument wRIlacknowledged before me this day of
hy and
the and
of ,a
under the laws of , on behalf of the
,19_,
1'111I\ INI<TlIIIMt:NT W^I< "liMn;" /IV IN^Mt: ^N" A""/lt~"'~1
NI(:N^"nll1F. (W.'f:ItRON T^KINU ^(;KNOWI.t:IX:Mt:NT
NOT^,U^I.!<MMI'IlR Rt:^I.llllI OTIU:Il1'I1U: OR MNKI
EXHIBIT C-5
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PAIt'l'IAL ItELEASE OF MOIl'l'GAUE
IUIU!.',-UII,'IIll.U., hIIllU"fll'''II"
Mlnne.o~ Uniform Convey.neln. U"nk. CRev. 10.3.88'
Form No. 53. M
8y Corr,or.llon or r.rlnenhlp
Partial Release
of Mortgage
Date:
(reserved for recording data)
,19_
FOR VALUABLE CONSIDERATION, the real property in Hennep i n County,
Minnesota, legally described as follows:
A permanent easement for drainage and utility purposes, over, under and across the
northeasterly 10 feet, the northwesterly 10 feet and southwesterly 10 feet of the following
described property:
The northeasterly 173.00 feet of the following described property:
That part of Lot 120, Auditor's SUbdivision No. 120, Hennepin County, Minnesota, described as
follows:
Beginning at a point on the southeasterly line of said Lot 120 distant 250.00 feet southwesterly
from the nbrtheast corner of said Lot 120; thence northeasterly along said southeasterly line to
said northeast corner; thence northw~sterly along the northeasterly line of said Lot 120 a
distance of 80.00 feet; thence southwesterly 237.00 feet to a point distant 150.00 feet
northwesterly of the point of beginning, said point hereinafter referred to as point "A"; thence
southwesterly to a point on the southwesterly line of said Lot 120 distant 150.00 feet
northwesterly of the most southerly corner of said Lot 120; thence southeasterly along said
(Continued)
. (If more IIpnce is needed, continue on back)
is hereby relensed frolllthe lien ofJhe M,ortg-age, o~ned hy the undersigned, dated Decembe r 24 ,19j!l
executed by Kerlnl t J. an Allee L. GoethKe
Hu sband and WI f e as Mortgagor to
Vie tor i a S tat e Sa n k "
ond filed for record January 11
(or in Book of ,
(Registrar of TitJes) of He n nep I n
, as Mortgagee,
, 19~, as Document Number 5366053
Page ), in the"Office of the (County Hecorder)
County, Minnesota,
Victoria State Bank
By
Its
STATE OF MINNESOTA
COUNTY OF
By
Its
The foregoing instrument was acknowledged before me this day of .
by and
the and
of ,a
under the laws of , on behalf of the
,19_,
TIlII< INI<TH"Mt:NT W^R IIItM-n:" IIY fNMIF. ^NIJ ^UUItt~<;'~1
RIl:N^TIlIlt: lit. "t:lL'lON 1'^KING ^CKNOW...:llllMt:NT
N01'^ItI^,.S1'^MI' OR 1<F.^,.llllI O1'''':R TIns. 011 MNKI
EXHIBIT C-7