18-040r ,
RESOLUTION NO. 18 -040
A RESOLUTION GRANTING TWO CONDITIONAL USE PERMITS
TO ALLOW CONSTRUCTION OF A HOME AND DETACHED GARAGE FOR TEA2
ARCHITECTS FOR PROPERTY LOCATED AT 5550 MARSH POINTE DRIVE
WHEREAS, Tea2 Architects (Applicant), on behalf of property owners Paul and Jodie
Siegel, has applied for two conditional use permits to construct a home and detached garage on
property located at 5550 Marsh Pointe Drive, in the City of Shorewood, legally described as:
That part of the southeast quarter of the northwest quarter of Section 32, Township 117
north, Range 23 west of the 5t" Principal Meridian, described as follows:
Beginning at a point in the south line of southeast quarter of the northwest quarter of
Section 32, 29 rods east of the southwest corner of the southeast quarter of the northwest
quarter of said Section 32, thence north a distance of 20 rods, thence east a distance of 8
rods; thence south a distance of 20 rods to the south line of said southeast quarter of
northwest quarter; thence west a distance of 8 rods to point of beginning. Hennepin
County, MN. And,
WHEREAS, the applicant has proposed conditional use permits to: 1) import 395 cubic
yards of material where 100 cubic yards is permitted without a conditional use permit and 2)
construct 2,820 square feet of accessory space where 1,200 square feet is permitted without a
conditional use permit; and
WHEREAS, after required notice a public hearing was held and the application reviewed
by the Planning Commission at a regular meeting held on April 17, 2018, the minutes of which
meeting are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on April
23, 2018, at which time the Planning Director's memorandum and the Planning Commission's
recommendations were reviewed and comments were heard by the City Council from the
Applicant and from the City staff; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
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1. The subject property is located in an R -lA, Single - Family Residential zoning
district, which allows accessory buildings to exceed 1,200 square feet subject to the approval of
a conditional use permit.
2. All properties in the City of Shorewood are permitted to import fill on a property
over 100 cubic yards subject to the approval of a conditional use permit.
3. The applicant's proposal is identified on plans submitted to the City on February
21 and March 12, 2018.
CONCLUSIONS
The Applicant's plans have satisfied the criteria for the grant of conditional use permits to
construct additional accessory space under the Shorewood City Code and to import greater
than 100 cubic yards of fill.
2. The Applicant's plans indicate the new home and improvements proposed would be
compatible with the neighborhood and would not tend to depreciate the area.
Based upon the foregoing, the City Council hereby grants to the Applicant conditional use
permits to construct a total of 2,820 square feet of accessory space and 395 cubic yards of
dirt, based on the plans submitted February 21 and March 12, 2018, subject to the following:
a. Prior to issuance of a building permit, the applicant shall submit the following, consistent
with city regulations, policies and guidelines:
• Final drainage calculations
• A grading plan signed by an AELASGID professional licensed by the State of
Minnesota, which also include the top and bottom of the retaining wall between
Marsh Pointe Drive and the house
• A tree preservation/landscaping plan signed by an arborist, landscape architect or
forester.
• Executed and recordable right -of -way and drainage and utility easements
• Revised plans that remove the porch and overhang encroachment out of the 50 -foot
setback from the property line along Marsh Pointe Drive
b. All trucks hauling dirt and any large deliveries of construction materials shall access the
site using the driveway on Smithtown Road to reduce the impact on the adjacent homes
and on Marsh Pointe Drive.
c. Prior to issuance of a certificate of occupancy, remove the driveway apron and restore the
area to turf.
4. The City Clerk 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 23rd day of
April, 2018.
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Sandie Thone, City Clerk
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Scott Zerby, ayor