11-070CITY OF SHOREWOOD
RESOLUTION NO. 11 -070
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
TO PLACE FILL IN EXCESS OF 100 CUBIC YARDS FOR
ROBERT AND JOAN BAUMAN
WHEREAS, Robert and Joan Bauman (Applicants) are the owners of real property
located at 26640 Smithtown Road, in the City of Shorewood, County of Hennepin, legally
described as:
"The South 378.78 feet of the West 115 feet of that part of the Southeast quarter of the
Northwest quarter of Section 32, Township 117, Range 23 lying East of a line parallel
with the West line of said Southeast quarter, Hennepin County, Minnesota"; and
WHEREAS, the Applicants have applied to the City for a Conditional Use Permit (after
the fact) to place up to 900 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 Applicants' 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 29 November 2011; and
WHEREAS, the Applicants' request was reviewed by the City Engineer, and his
recommendations were included in 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 6 December 2011, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicants' request was considered by the City Council at its regular
meeting on 12 December 2011, at which time the Planner's memorandum 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
1. The subject property is located in the R -I A, Single - Family Residential zoning
district and contains approximately 38,889 square feet of area.
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2. The Applicants have placed approximately 900 cubic yards of fill on the subject
property as shown on the as -built survey (Exhibit A, attached).
3. The area of fill shall be limited to that which is shown on Exhibit A.
CONCLUSION
a. The application of Robert and Joan Bauman, for a Conditional Use Permit as set
forth hereinabove be and hereby is granted.
b. Erosion control measures shall be constructed in accordance with the
recommendations of the City Engineer.
C. The Applicants shall be responsible for any costs associated with street cleaning
that may be necessary as a result of erosion of soil onto the street.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 12th day of December,
2011.
Chn 'stine Lizee, Mayor
ATTFST:
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