20-007CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 20 -007
A RESOLUTION DENYING A REQUEST FOR EXTENSION TO CORRECT CODE
VIOLATION FOR PROPERTY LOCATED AT 1010 HOLLY LANE
WHEREAS, the City of Shorewood sent a violation notice to Dan and Joanne Fields
(Property Owner) on December 6, 2019 regarding the placement of fill and other
materials (Obstruction) within a drainage -way in violation of wetland regulations on their
property addressed as 1010 Holly Lane; and,
WHEREAS, the Property Owner has requested additional time to correct the violation
as allowed by Section 104.03 subd. 2 a. of the City Code; and,
WHEREAS, the City Council considered the request for an additional 30 days at its
regular meeting on January 13, 2020, at which time the Planning Director's
memorandum was reviewed and comments were heard by the City Council from the
Property Owner, staff and the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA FINDS AS FOLLOWS:
FINDINGS OF FACT
1. The wetland on the 1030 Holly Lane property is a wetland designated on the City's
Wetland Map and is adversely affected by the Obstruction.
2. Section 1202.03 of City Code defines a wetland conservation area to be the
shoreline of Lake Minnetonka, Galpin Lake, Christmas Lake, Lake Mary, Silver
Lake, Lake Virginia and the low areas adjoining any watercourse and drainage -
way or body of water subject to meandering, flowing or overflow, including areas of
marsh, wooded marsh, submerged marsh and inundation area as shown upon the
wetlands map.
3. The property at 1010 Holly Lane contains a drainage -way which meets the
definition of wetland conservation area that connects the wetland located on an
adjacent property through 1010 Holly Lane to culverts beneath Holly Lane where
the water flows into the City of Chanhassan.
4. Section 1202.02 of City Code defines an artificial obstruction as any dam, wall, ...
wire fences, fill, other structure or matter in, along, across or projecting into the
protected wetland conservation area.
5. Staff found the Obstruction in the drainage way that constitute an artificial
obstruction, as defined in Section 1102.02 of City Code.
6. The Obstruction placed on the property is soft wood, mud, debris and yard waste.
7. The area of the Obstruction is in water saturated soils that are currently frozen.
8. The equipment needed for removing the Obstruction is more appropriately used on
the property when the ground is frozen to provide greater stability.
9. Weather conditions, such as heavy snows or spring thaw, could complicate the
removal of the Obstruction.
CONCLUSIONS
The Property Owner has not shown that the additional time is necessary to clear
the Obstruction.
2. The City Council finds the Obstruction best cleared during winter months.
3. The Property Owner would have time to complete the work while the City completes
the necessary process.
4. Based upon the foregoing, the City Council hereby upholds the dates with the
violation notice to the Property Owner and hereby orders staff to begin the
remediation process in compliance with City Code.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
this 13th day of January, 2020.
ATTEST:
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Sandie Thone, City Clerk
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