12-047CITY OF SHOREWOOD
RESOLUTION NO. 12 -047
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR A SIX -FOOT FENCE IN FRONT YARD
WHEREAS, Jeff and Heather Johnson (Applicants) are the owners of real property
located at 23625 Smithtown Road, in the City of Shorewood, County of Hennepin, legally
described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Shorewood City Code requires a Conditional use Permit for the
construction of fences taller than four feet in front yards in residential zoning districts; and
WHEREAS, the Applicants have constructed a six -foot high fence within the front yard
setback of their property, without having applied for the necessary building and zoning permits;
and
WHEREAS, the Applicants have applied to the City for an "after- the - fact" Conditional
Use Permit for the construction of a six -foot high fence within the front yard setback area of their
property; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
26 June 2012, which memorandum 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 3 July 2012, 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 23 July 2012, 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 a R -2A, Single and Two - Family Residential
zoning district and contains approximately 25,968 square feet of area.
2. The north boundary of the property abuts County Road 19, which is designated as
a minor collector street in the Shorewood Comprehensive Plan.
3. The proposed fence is located approximately twenty feet from the front property
line.
4. The Applicants propose to install landscaping as illustrated in Exhibits B and C,
attached.
CONCLUSION
A. The application of Jeff and Heather Johnson for a Conditional Use Permit as set
forth herein above be and hereby is granted.
B. That this approval is subject to the following:
The Applicants shall install landscaping as illustrated in Exhibits B and C,
with adjustments to ensure that traffic on County Road 19 can see at least
10 feet of a car situated in the driveway, waiting to exit the site. This may
result in the elimination of one of the proposed spruce trees
2. The applicant shall maintain the proposed landscaping, replacing any
plants that are damaged or destroyed in the future.
3. The Conditional Use Permit is valid as long as the landscaping is
maintained.
C. The City Administrator /Clerk is hereby authorized and directed to provide the
Applicant with a certified copy of this Resolution for filing with the Hennepin County Recorder
or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY SHOREWOOD this 23rd day of July
2012.
0 N
Christine Lizee, Mayor
ATTEST:
S. Jq�Knes,)Io City Administrator /Clerk
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Legal Description:
"That part of Lots 184, 286, and 287, AUDITOR'S SUBDIVISION NO. 135, Hennepin County,
Minnesota, commencing at the northeast corner of Block 1, MINNETONKA HILLS FIRST
ADDITION; thence westerly along the north line of said Block 1, distant 128.25 feet; thence
parallel with the east line of Lots 286 and 287 to the south line of Smithtown Road; thence
easterly along the south line of said Smithtown Road 128.5 feet to the east line of Lot 287;
thence south along the east line of Lots 286 and 287 to the point of beginning."
Exhibit A
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