18-064RESOLUTION NO. 18 -064
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
TO ALLOW SOIL EXTRACTION OVER 400 CUBIC YARDS FOR SCHROEDER
MANAGEMENT FOR PROPERTY LOCATED AT 27960 SMITHTOWN ROAD
WHEREAS, Schroeder Management (Applicant), on behalf of property owners Jack and
Gretchen Norqual, has applied for a conditional use permit for property in the City of
Shorewood, legally described as:
Lot 4, Block 1, Bill Erickson Addition, Hennepin County, Minnesota, according to the
recorded plat thereof, and
WHEREAS, the applicant has proposed to export 3,500 cubic yards of material where
400 cubic yards 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 June 5, 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 June
25, 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:
FINDINGS OF FACT
1. Section 1201.03 Subd. 9 of the City Code allows up to 400 cubic yards of
material to be exported from a site without the approval of a conditional use permit.
2. All properties in the City of Shorewood are permitted to export fill on a property
over 400 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 April 24
and May 24, 2018.
CONCLUSIONS
1. The Applicant's plans have satisfied the criteria for the grant of conditional use permits to
export 3,500 cubic yards of material.
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.
3. Based upon the foregoing, the City Council hereby grants to the Applicant conditional use
permits to export a total of 3,500 cubic yards of material dirt, based on the plans submitted
April 24 and May 24, 2018, subject to the following:
a. With the grading or building permit, submit the following:
i. A surface water management plan consistent with city regulations.
ii. An erosion and sediment control plan must be submitted for review and approval.
iii. An NPDES permit if disturbance exceeds one acre and an erosion control permit
from Minnehaha Creek Watershed District.
iv. A revised survey that relocates the retaining walls and infiltration basin outside the
10 -foot drainage and utility easement.
v. A construction management plan addressing contractor parking, dust control, street
sweeping, hours of operation, etc. and reference the erosion control plan.
b. Disturbed portions of the property must be restored with slopes no steeper than 3:1.
c. Easements over the affected property to the south must be submitted if the property is
sold to a separate property owner.
d. No grading shall be permitted in the shore impact zone.
e. No more than 1/3 of the surface area of the lot shall be devoid of vegetative ground
cover at any time and ground cover shall be restored as soon as possible when grading
is completed.
f. The truck route shall be Smithtown Road south to State Highway 7.
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 25"' day of
June, 2018.
Sandie Thone, City Clerk
4
Scott grby, Ma r
G