07-080CITY OF SHOREWOOD
RESOLUTION NO. 07-080
A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY FOR
DANIEL NELSON
WHEREAS, Daniel Nelson (Applicant) has an interest in certain real
property in the City of Shorewood, legally described as:
"Block 6, Mann's Addition to Birch Bluff, Lake Minnetonka, Hennepin County,
Minnesota.";
and
WHEREAS, the Applicant has applied to the City for a subdivision of said real
property into two parcels legally described in Exhibit A and illustrated in Exhibit B,
both attached hereto and made a part hereof; and
WHEREAS, the Applicant has agreed to grant to the City drainage and utility
easements legally described in Exhibits C and D, attached hereto and made a part
hereof; and
WHEREAS, the Applicant has agreed to grant to the City conservation easements
legally described in Exhibits E and F, attached hereto and made a part hereof; and
WHEREAS, the subject property is accessed by Second Street, a public right-
of-way that has not been developed as a street, and the Applicant proposes to provide a
common shared driveway to serve the two lots; and
WHEREAS, the Applicant has agreed to enter into an agreement for incidental
use of the public right-of--way agreement, attached hereto as Exhibit G:
WHEREAS, the Applicant's request was reviewed by the City Planner, whose
recommendations are included in memoranda, dated 29 August 2007 and 15 November
2007, copies of which are on file at the Shorewood City Hall; and
WHEREAS, the application was considered by the Planning Commission at a
regular meeting held on 4 September 2007, the minutes of which meeting are on file at
City Hall; and
WHEREAS, the City Council considered the application at its regular meeting
on 26 November 2007, at which time the Planner's memoranda and the Plamling
Commission's recommendations were reviewed and comments were heard by the
Council from the Applicant and from the City staff; and
-l-
WHEREAS, the subdivision requested by the Applicants complies with the
Shorewood Zoning Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. The real property legally described herein is approved for division into
two parcels, legally described in Exhibit A.
2. The subdivision approval is subject to the following:
a. Grading on Parcel B and the construction of necessary retaining walls
shall be designed by a registered professional engineer. No site
alteration shall result in a disturbed slope in excess of 3:1.
b. Fill in excess of 100 cubic yards on the site shall require a
conditional use permit pursuant to Shorewood Zoning Code
requirements.
c. The common portion of the driveway serving the two lots shall be
paved as part of construction of the new home on Parcel B.
d. The Applicant must enter into the public right-of--way encroachment
agreement, attached hereto as Exhibit G, and record the agreement
against both of the two lots.
e. The Applicant shall record a deed restriction on the new lot, attached
hereto as Exhibit H, advising future owners of Parcel B of the
conditions set forth herein. The deed restriction shall include the
City as a signatory thereto.
f The plan shown on Exhibit B shall be used as a guide for the firture
development of Parcel. B.
g. The Applicant shall record a driveway easement and maintenance
agreement, attached hereto as Exhibit I, against both lots.
3. The Applicant shall record this resolution, together with the drainage and
utility easements legally described in Exhibit C and D, the conservation easements
legally described in Exhibits E and F, the right-of--way encroachment agreement
contained in Exhibit G, the deed restriction contained in Exhibit H, and the driveway
easement and maintenance agreement contained in Exhibit I with the Hennepin County
Recorder or Registrar of Titles within thirty (30) days of the date of the certification of
this resolution.
-2-
4. The City Clerk will furnish the Applicant with a certified copy of this
resolution for recording purposes.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
10th day of December, 2007.
~ ~
CHRISTINE LIZEE, MAYOR
ATTEST:
;~
%. ~~
Craig ~ . Dawson, City Administrator/Clerk
-3-