CR 96-199 Waiver Of Plat - 103/105 Minnetonka Mills RoadNovember 27, 1996
WAIVER OF PLAT- -103 AND 105 MINNETONKA MILLS ROAD
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 96 -99, approving a
waiver of plat at 103 and 105 Minnetonka Mills Road.
At the Zoning and Planning meeting, Mr. Blair moved and Mr. Brausen seconded a motion to
approve Resolution RZ96 -20, recommending approval of a waiver of plat at 103 and 105
Minnetonka Mills Road. The motion carried unanimously.
Overview.
The applicants, Robert Smith and Anna Gummow, are proposing to change the property lines
between 103 and 105 Minnetonka Mills Road. Currently 103 Minnetonka Mils Road has
steps that are too close to the side lot line. The applicants are proposing to add additional
land to the side yard of 103 Minnetonka Mills Road, which is the larger triangle on the survey.
The additional land added to 103 Minnetonka Mills Road will have the required 10 -foot
sideyard setback.
105 Minnetonka Mills Road will add a small triangle of land in the front yard because it was
discovered that when the survey was completed, the driveway for 105 Minnetonka lvfills Road
was on 103 Minnetonka Nfills Road.
Primary Issues to Consider
o What are the properties zoned?
o Do the new lots meet the zoning requirements?
o Is a park dedication fee required?
o What was the discussion at the Zoning and Planning meeting?
Supporting Documents.
o Analysis of Issues
o Survey
o Resolution 96 -99
Nanc 1 . Anderson, AICP
Planner
Council Report 96 -199
•
CR96 -199
Page 2
Primary Issues to Consider.
o What are the properties zoned?
The subject properties are zoned R -1 -C, single family residential.
o Do the new lots meet the zoning requirements?
103 Minnetonka Nlills Road does not have the required 12,000 square feet minimum lot size
now, but will gain more land with the new lot line. The west side yard of this property that
currently does not meet the side yard setback will now meet the side yard setback of 10 feet
105 Minnetonka Mills Road has the required lot size of 12,000 square feet before and after
the waiver. The side yard setback will remain the same or meet the zoning requirements.
o Is a park dedication fee required?
A park dedication fee is not required because no additional lots are created.
o What was the discussion at the Zoning and Planning meeting?
Staff reviewed the proposed waiver of plat. The Commission asked if both parties were in
agreement with the waiver of plat. Both applicants were in the audience. Bob Smith, the
owner of 103 Minnetonka Mills Road, stated that both applicants were in favor the waiver of
plat.
Alternatives.
1. Recommend approval of the waiver of plat. By approving the waiver of plat, the
applicants will be able to change the property lines as proposed.
2. Recommend denial of the waiver of plat. By denying the waiver of plat, the applicants will
not be able to change the property lines as proposed. If the City Council chooses this
alternative, findings will have to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
89'55 MEAS.
(89'50'23' $ & M SURVEY)
FOUND IRON MONUMENT
589
Ali that part of the _ou neas uar er o me o
orth, Range 22 West of the 5th Principal Meridic
the South line of said Southeast Quarter of th
he Southwest corner thereof; thence North parall-
to the Southerly line of Minnetonka Mills Road; th
41 240 feet to the actual point of beginning of the
along said Southerly line of said road 90 feet; th
extended would intersect the South line of said S
point 1052 feet East of the Southwest corner the
Southerly from the point of beginning and on li.
So in the South line of said Southeast Quarter of thr
gthe Southwest corner thereof; thence Northerly alc
beginning, according to the United States Governn
' 0 O County, Minnesota.
(124.12 S &AISUR
DESCRIPTION OF PROPERTY TO BE CONVEYED TO
That part of the Southeast Quarter of the Northe
22, Hennepin County, Minnesota, described as cor
Southeast Quarter of the Northeast Quarter a dis
thereof; thence north parallel with the west line
Quarter a distance of 303.01 feet to the souther
southeasterly along said southerly line of Minnetor
southerly a distance of 42.24 feet along a line h
extended would intersect soid south line of the S
point 1052 feet east of said southwest corner th
/to be described; thence southwesterly, deflecting
a distance of 84.13 feet to the north line of the
the Northeast Quarter of Section 24; thence eas
Q feet of the Southeast Quarter of the Northeast (
intersection with said Line "A "; thence northerly
the point of beginning.
DESCRIPTION OF PROPERTY TO BE CONVEYED TO
That part of the Southeast Quarter of the North
22, Hennepin County, Minnesota, described as co:
Southeast Quarter of the Northeast Quarter a di;
thereof; thence north parallel with the west line
Quarter a distance of 303.01 feet to the southe
southeasterly along said southerly line of Minnetc
point of beginning of the property to be describe
along a line which if extended would intersect sc
Northeast Quarter at a point 1052 feet east of
northeasterly, turning an angle to the right of I
39.96 feet to said southerly line of Minnetonka K
southerly line of Minnetonka Mills Road a distanc
We hereby
•
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 96 -99
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING AN APPLICATION FOR A WAVIER OF PLAT AT
103 AND 105 MINNETONKA MILLS ROAD
WHEREAS, an application for WVR96 -1 that was filed with the City of Hopkins to change the
property line between 103 and 105 Minnetonka Mills Road is approved.
WHEREAS, the procedural history of the application is as follows:
That an application for Waiver of Plat WVR96 -1 was filed with the City of Hopkins on
October 11, 1996.
That the Hopkins Planning Commission, pursuant to mailed notices, held a meeting on the
application and reviewed such application on November 26, 1996.
• 3. That the written comments and analysis of the City staff and the Planning Commission
were considered.
Legal descriptions of the new properties are as follows:
105 Minnetonka Mills Road
That part of the Southeast Quarter of the Northeast Quarter of Section 24, Township 117 North, Range
22 Hennepin County, Minnesota, described as commencing at a point on the south line of said Southeast
Quarter of the Northeast Quarter a distance of 940 feet east of the southwest corner thereof; thence
northerly along a line hereinafter referred to as Line "C," said line being parallel with the west line of said
Southeast Quarter of the Northeast Quarter, a distance of 303.01 feet to the southerly line of Minnetonka
Mills Road; thence southeasterly along said southerly line of Minnetonka Mills Road a distance of 150
feet; thence southerly a distance of 42.24 feet along a line which if extended would intersect said south
line of the Southeast Quarter of the Northeast Quarter at a point 1052 feet east of said southwest corner
thereof; thence northeasterly, turning an angle to the right of 16 degrees 29 minutes 16 seconds, a
distance of 39.96 feet to said southerly line of Minnetonka Mills Road and the point of beginning of the
property to be described; thence southwesterly along last described line and its southwesterly extension a
distance of 124.09 feet to the north line of the south 120.00 feet of said Southeast Quarter of the
Northeast Quarter; thence westerly along last described parallel line a distance of 120.07 feet to said Line
"C"; thence northerly along said Line "C" a distance of 183.02 feet to said southerly line of Minnetonka
Mills Road; thence southeasterly along said southerly line of Minnetonka Mills Road a distance of 162.00
feet to the point of beginning.
ip That part of the Southeast Quarter of the Northeast Quarter of Section 24, Township 117, Range 22,
Hennepin County, Minnesota, described as commencing at a point on the south line of said Southeast
Quarter of the Northeast Quarter a distance of 940 feet east of the southwest corner thereof; thence
northerly parallel with the west line of said Southeast Quarter of the Northeast Quarter a distance of
303.01 feet to the southerly line of Minnetonka Mills Road; thence southeasterly along said southerly line
of Minnetonka Mills Road a distance of 240 feet to the point of beginning of the property to be
described; thence northwesterly along said southerly line of Minnetonka Mills Road a distance of 90.00
feet to a point hereinafter referred to as Point "B"; thence southerly a distance of 42.24 feet along a line
which if extended would intersect said south line of the Southeast Quarter of the Northeast Quarter at a
point 1052 feet east of said southwest corner thereof, said line hereinafter referred to as Line "A"; thence
southwesterly, deflecting to the right of 16 degrees 29 minutes 16 seconds, a distance of 84.13 to the
north line of the south 120.00 feet of said Southeast Quarter of the Northeast Quarter; thence easterly
along last described parallel line a distance of 24.00 feet to said Line "A "; thence southerly along said
Line "A" a distance of 1.22 feet to a point 121.70 feet southerly of said Line "B"; as measured along said
Line "K; thence southeasterly to a point 103.5 feet southerly from the point of beginning and on a line
drawn from the point of beginning to a point on said south line of the Southeast Quarter of the Northeast
Quarter distance 112 feet east of said southwest corner thereof; thence northerly along said line a
distance of 103.5 to the point of beginning.
Except that part described as beginning at said Point "B "; thence southerly along said Line "A" a distance
of 42.24 feet; thence northeasterly, turning an angle to the right of 16 degrees 29 minutes 16 seconds a
distance of 39.96 feet to said southerly line of Minnetonka Mills Road; thence northwesterly along said
southerly line of Minnetonka Mills Road a distance of 12.00 to the point of beginning.
NOW, THEREFORE, BE IT RESOLVED that the application for Waiver of Plat WVR96 -1 is
hereby approved based on the following Findings of Fact:
Adopted this 3rd day of December 1996.
ATTEST:
Terry Obermaier, City Clerk
Page 2
103 Minnetonka Mills Road
That the proposed lots meet the setbacks for the R -1 -C zoning district.
Charles D. Redepenning, Mayor
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� S Madson for a portior� of this survey, 240 feet to the octual point of beginning of the
. � based on their Certificate of Survey a�on9 said Southerly line of said road 90 feet; th
� � dated Novernber I!, 1960. extended would intersect the South line of soid S�
; �, �-•.. i point I052 feet Enst of the Southwest corner the
; J<Y (i N ` � ,� -�: � -� Southerly frorn the point of beginning and on a li:
i e ��' �Q� '� _ ��� � in the South iine of said Southenst Quarter of th�
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� � County, M'rnnesota.
Ap
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ESCRIPTION OF PROPERTY TO BE CONVEYED i 0
0
�� s. �
O . . � e �\ That port of the Southeast Quarter of the NorthE
tYj ��- _ -� � 22, Hennepin County, Minnesota, described as cor
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0 POWER P LE . SOU h r r f "�
`�J , o t east ua te o the Northeost uarter
` , 6 � POUND IRON iAONUMENT ,• "� �' ` O-� � (� Q Q Q d � —
;,; ;� `,� M� � thereof; thence north parallel with the west iine �
� �; ; � w ,, 2Q N � Quarter a distance of 303.01 feet to the souther
/ o � ,, r , �� ; �Q� � � southeasterly afong said southerly (ine of Minneto,
,,�`/ ?�P �� -�1� ' � S southerly a distonce of 42.24 feet a(ong a iine h
�� 9a a �J� ��" N'% �' � extended wauld 'rn tersect soid sou th line of the �
� ,
; / /i . � j / � S � o�' : � �:-, ��o : ` point I 052 feet east of said southwest corner th
/ e ,y�� � � a o , �• J^ ,�^� to be described; thence southwesterly, deflectiRg
9 �` � a� � ;'� o . a distance of $4.I3 feet to the north line of thE
so� " R � / � � ? � ; ' o ,: � j� � the Northeast Quarter of Section 24; thence eas
, 9� . ` 1 6 2 �6 �� O� f e e t o f t h e S o u t h e o s t Q u a r t e�� o f t h e N o r t h e a si C
,
�� r - � � � � ��''-- � intersection with soid Line A ; thence northerly !
�� e �� ��•s,' ,y ��^,
�s f '�'"�' , �`� � ��`s p� MiN ,' �\ the point of beginning.
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� �, ' � O a or ; DESCRIPT(ON OF PRJPERTY TO BE CONVEYED TO
�h
� p /° � ; t� ` , ,� That part of the Sautheast Quarter of the Narth
� o / � - o � � ; 22, Hennepin County, Minnesota, described as co�
o ''� • ; �� / • Southeost Quarter of the Northeast Quarter o di�
� ��� �6°2s'�6" Uj �`� j� 0 thereof; thence north parolle! with the west line
Rs � �,3 Mr lt') Quarter a ciistance of 303.Q I feet to the southe
_= � ` ,� j S .�� Q S � � Kq. �� +� � \ southeasterly along said southerly line of Minnetc
,Q Q ��� � point of beginning of the property to be describE
``'„�� ,- � � aiong a line which if extended would intersect sc
� �a- /- �� � Northenst Quarter at a point ! 052 feet east of
� �^ wp northeosterly, turning an angle to the right of I r
�/ oE� k �` 39.96 feet to said southerl y (ine of Minnetonka ti
� /, •/ southerly line of Minnetonka Miils f�oad a distanc:
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