14-083CITY OF SHOREWOOD
RESOLUTION NO. 14 -083
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
TO PLACE FILL IN EXCESS OF 100 CUBIC YARDS FOR
PETER KAPSNER
WHEREAS, Peter Kapsner (Applicant) is the owner of real property located at 5905
Seamans Drive, in the City of Shorewood, County of Hennepin, legally described in Exhibit A,
attached hereto and made a part hereof, and
WHEREAS, the Applicant has applied to the City for a Conditional Use Permit to
place approximately 300 cubic yards of fill to raise the elevation of a portion of the above -
referenced property, in order to accommodate a full basement for a proposed home; 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 City Planner and the City
Engineer, and their recommendations were duly set forth in a memorandum to the Planning
Commission, Mayor and City Council dated 28 August 2014, 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 2 September 2014, 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 22 September 2014, 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 proposed fill will not exceed five feet in height and will be used to raise the
front portion of the lot in order to accommodate a full basement for a proposed home on the
property.
2. The area of fill shall be limited to that which is shown on Exhibit B, attached
hereto and made a part hereof.
vertical.
The slope of the finished grade will not exceed three units horizontal to one unit
CONCLUSION
A. That the application of Peter Kapsner for a Conditional Use Permit as set forth
hereinabove be and hereby is granted.
B. That this approval is subject to the City Engineer's recommendations and
approval of the final grading. The City shall document the condition of the pavement in front
of the subject property and any damage to the pavement must be corrected, at the Applicant's
expense, prior to issuance of a certificate of occupancy for the new home.
C. That the City CIerk is hereby authorized and directed to provide 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 of Shorewood this 22nd day of
September, 2014.
ATTEST:
JeaiWPanchyshyn, City IA
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Scott erby, M Kor
Legal Description
That part of the following described property:
And
And
That part of Lot 1, MEEKEI�!S OUTLOTS TO EXCELSIOR, Hennepin County,
Minnesota, lying southerly of a line drawn from a point on the east line of said Lot I
distance 45.6 feet north from the southeast corner of said Lot 1, to a point on the west line
of said Lot 1, distant 40 feet north from the southwest corner of said Lot 1.
That part of Lot 69, AUDITOR'S SUBDIVISION NUMBER 133, Hennepin County,
Minnesota, lying northerly of a line drawn from a point on the east line of said lot, distant
34.03 feet north from the southeast corder of said lot, to a point on the west line of said
lot, distant 22 feet north from the southwest corner of said lot.
That part of the most Westerly 14 feet of Lot 50, AUDITOR'S SUBDIVISION NUMBER
ONE HUNDRED THIRTY -THREE (133), Hennepin County, Minnesota, as measured at
right angles to the most westerly line of said Lot 50, lying North of the South 536.47 feet
of said Westerly 14 feet of Lot 50, as measured along the most Westerly line of said Lot
50, according to the plat thereof on file or of record in the office of the Registrar of Deeds,
in and for said County.
Which lies southerly of the following described line:
Beginning at a point on said West line of Lot 69, distant 142.00 feet northerly of said
southwest corner thereof; thence easterly through a point on said east line of Lot 69,
distant 154.03 feet northerly of said southeast corner thereof, to the east line of said
westerly 14.00 feet of Lot 50, and said line there terminating.
Exhibit ,A,