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16-055CITY OF SHOREWOOD RESOLUTION NO. 16 -055 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR SIX -FOOT FENCE IN FRONT YARD WHEREAS, Deborah and Kenneth Hoops (Applicants) are the owners of real property located at 23755 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 applied to the City for a Conditional Use Permit for the construction of a six -foot high fence within the front yard setback area of their property; and WHEREAS, the Applicants' request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 13 July 2016, 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 19 July 2016, 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 25 July 2016, 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 22,130 square feet of area. 2. The north boundary of the property abuts County Road 19, which is designated as a minor arterial street in the Shorewood Comprehensive Plan. 3. The proposed fence is located approximately eight feet from the front property line. 4. The Applicants propose to plant Virginia Creeper and Maidenhair Fern along the north side of the fence to mitigate the visual impact of the fence. CONCLUSION A. The application of Deborah and Kenneth Hoops for a Conditional Use Permit as set forth herein above be and hereby is granted. B. That this approval is subject to the following: 1. The Applicants shall install landscaping as described in their zoning application. 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 Applicants 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 25th day of July 2016. Scott rby, or ATTEST: "C-A an Panchyshyn, eity derk -2- Legal Description: (INSERT LEGAL DESCRIPTION) -3- Exhibit A