11-043CITY OF SHOREWOOD
RESOLUTION NO. 11 -043
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
TO PLACE FILL IN EXCESS OF 100 CUBIC YARDS FOR
DONNA BALGARD
WHEREAS, Colfax Companies (Applicant), is representing Donna Balgard (Owner), the
owner of real property located at 26100 Smithtown Road, in the City of Shorewood, County of
Hennepin, legally described as:
"That part of the South 365 feet of Lots 88 and 111 lying northerly of Smithtown Road
and East of a line parallel with and 176 feet West from the East line of said Lot 111,
Auditor's Subdivision No 133, according to the recorded plat thereof, Hennepin County,
Minnesota "; and
WHEREAS, the Applicant has applied to the City for a Conditional Use Permit to place
2150 to 2600 cubic yards of fill to raise and level off the above- referenced property; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit to place fill in
excess of 100 cubic yards; and
WHEREAS, the Applicant's request was reviewed by the Planning Director, and his
recommendations were duly set forth in a memorandum to the Planning Commission, Mayor and
City Council dated 26 July 2011; and
WHEREAS, the Applicant's request was reviewed by the City Engineer, and his
recommendations were duly set forth in an e -mail to the Planning Director, dated 20 July 2011,
which e -mail is attached to the Planning Director's memorandum and is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at its regular meeting on 2 August 2011, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at its regular
meeting on 8 August 2011, at which time the Planner's memorandum, the City Engineer's e -mail,
and the minutes of the Planning Commission were reviewed and comments were heard by the
Council from the City staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
I. The subject property is located in the R -IA, Single - Family Residential zoning
district and contains approximately 40,200 square feet of area.
2. The area of fill shall be limited to that which is shown on Exhibit A, attached
hereto and made a part hereof.
3. The proposed fill is necessary to correct soils to be suitable for structural support
of the new home to be built on the lot, to avoid drainage issues currently present on the property,
and to achieve an aesthetic landscape for the property.
4. The Minnehaha Creek Watershed District has reviewed and approved the
Applicant's plans.
CONCLUSION
a. The application of Colfax Companies, on behalf of Donna Balgard, for a
Conditional Use Permit as set forth hereinabove be and hereby is granted.
b. The fill and grading shall be constructed in accordance with the recommendations
of the City Engineer and the requirements of the Minnehaha Creek Watershed District.
C. Deliveries of fill and grading operations are limited to the hours between 7:00 AM
and 7:00 PM, Monday through Friday, 8:00 AM to 6:00 PM on Saturday and no deliveries or
grading on Sunday.
d. All fill material must be delivered to the site by 31 August 2011 to avoid the
Labor Day weekend and the start of school at nearby Minnewashta Elementary School.
C. The Applicant shall be responsible for scheduling delivery of fill material, such
that no stacking or parking of trucks occurs on Smithtown Road. Any such stacking or parking
of trucks on Smithtown Road will result in the issuance of a "stop work order" until deliveries
can be properly rescheduled.
f. The City shall document the condition of the pavement in front of the subject
property and in front of the property at 26270 Smithtown Road. Any damage to the pavement
must be corrected, at the Applicant's expense, prior to 15 October 2011.
g. Erosion control measures must be in place prior to filling.
It. Vegetation shall be restored on the area disturbed by grading in accordance with
the erosion control permit issued by Minnehaha Creek Watershed District.
-2-
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 8th day of August, 2011.
Christine Lizee, Mayor
ATTEST:
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