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09-025CITY OF SHOREWOOD lull 1 ! C 1! - ye - BALLFIELD FENCES IN FREEMAN ,. WHEREAS, Kyle Heitkamp, representing the South Tonka Little League (Applicant) has requested amendments to the Shorewood Zoning Code that would allow commercial advertising signs to be placed on ballfield fences in Freeman Park; and WHEREAS, the Applicant's request was reviewed by the City's Planning Director, whose recommendations are set forth in a memorandum, dated 26 February 2009, which memorandum is on file in the Shorewood City Hall; and WHEREAS, the Applicant's request was reviewed by the City Attorney, whose recommendations are set forth in a memorandum, dated 23 February 2009, which memorandum is on file in the Shorewood City Hall; and WHEREAS, the request was reviewed by the Park Commission at its meeting on 10 February 2009 and, after deliberation, the Park Commission recommended to the Planning Commission and City Council that the request be denied; and WHEREAS, a public hearing was held and the request was reviewed by the Planning Commission at its meeting on 3 March 2009 and, after deliberation, the Planning Commission recommended to the City Council that the request be denied; and WHEREAS, the City Council, at its regular meeting held on 23 February 2009, reviewed the material submitted by the Applicant, written and oral public testimony, the recommendations of the Park Commission and the Planning Commission, the Planning Director's memorandum, dated 26 February 2009, and the City Attorney's memorandum, dated 23 February 2009, which memoranda are on file in the Shorewood City Hall. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT Freeman Park is public property located in the R -1 C, Single - Family Residential zoning district. 2. The Applicant proposes to locate as many as 15 commercial advertising signs on the outfield fences of each of the two ballfields currently used by South Tonka Little League in Freeman Park. 3. The proposed signs measure approximately 3.5' x 7' and are made of industrial strength mesh. 4. The request would necessitate changes to the following six sections of Section 1201.03 Subd. 11. of the Shorewood Zoning Code: a. b.(2)(d), prohibiting banners except for temporary signs (10 days at a time) b. b.(2)(f), prohibiting signs on trees, fences or utility poles C. c.(3) restricts signs on public property to governmental and political campaign signs d. c.(4) limits the use of banners to temporary signs, two signs per property per year for 10 days at a time e. d.((1)(c) lists billboards and advertising signs as nonconforming signs f. e.(1) lists signs allowed in residential zoning districts; advertising signs are not allowed in residential districts CONCLUSIONS A. The Zoning Code amendments requested by the Applicant constitute a significant deviation from the requirements of the Shorewood Zoning Code. B. The Applicant has failed to demonstrate that the Shorewood Zoning Code should be amended. C. The Applicant's request for Zoning Code text amendments as set forth above is hereby denied. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 1 lth day of May, 2009. o CHRISTINE LIZEE, MAYOR ATTEST: tK