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20-035RESOLUTION 20 -035 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING PRELIMINARY PLAT, CONDITIONAL USE PERMIT AND VARIANCES FOR THE MATTHEW SAYER ADDITION LOCATED AT 20325 EXCELSIOR BOULEVARD WHEREAS, Sathre - Bergquist, LLC., has submitted a request for preliminary plat, conditional use permit and variances to lot area for the property legally described as: Lot 37, Auditor's Subdivision Number 141, Hennepin County, Minnesota. And, WHEREAS, the request for preliminary plat conditional use permit and variances to lot area has been submitted in the manner required for the platting of land and the review of variances under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly consistent thereunder; and, WHEREAS, said preliminary plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood with the approval of a conditional use permit and variances. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the preliminary plat to be called "Matthew Sayer Addition ", conditional use permit and variances to lot area for Lots 2 and 3, is hereby approved, subject to the following conditions: 1. The preliminary plat is approved according to the plans and materials received on January 8 and 21 and March 2 and 9, 2020, subject to the conditions listed below. 2. The variance to allow Lot 2 to be 11,794 square feet and Lot 3 to be 8,189 square feet where the ordinance requires 15,000 square feet is approved subject to the finding that all the variance criteria have been met and subject to the conditions listed below. 3. The conditional use permit to import 1,400 cubic yard of material to the site is approved subject to the finding that the conditional use permit standards have been met and subject to the conditions listed below. 4. The approval of the requests are subject to the following conditions: A. With the grading permit or final plat application, the applicant shall submit the following: i. An erosion and sediment control plan. ii. An NPDES permit and all permits from Minnehaha Creek Watershed District. iii. A construction management plan addressing contractor parking, dust control, street sweeping, hours of operation, etc., the approved truck route and reference to the erosion control plan. iv. Revise the grading plan to include a double row of silt fence to protect the wetland, add a note that ground cover shall be restored to disturbed area within seven days after grading has been completed, and any other applicable conditions from the Engineer's Memo. v. Execute a development agreement for any grading that is proposed prior to approval of a final plat. B. With the final plat application, the applicant shall submit the following: i. Revised plans consistent with the City Engineer's memo dated March 9, 2020. ii. Homeowner association documents or covenants for the shared maintenance of the units, the retaining wall, and the filtration basin. iii. A revised landscaping plan to show the correct planting size for the trees. iv. A legal description for a conservation easement protecting the portion of the wetland buffer on the applicant's property. C. Prior to recording the subdivision, the applicant shall submit the following: i. An executed conservation easement, encroachment agreement for the retaining wall, maintenance agreement for the filtration basin and a development agreement for the public improvements ii. Payment of three park dedication fees ($6,500 each), three local sanitary sewer access charges ($1,200 each) and four water connection charges ($10,000 each with credit for the extension of the watermain and the portion of the water services in the right -of -way) iii. Any required permits from other agencies. D. Prior to issuance of building permit, the applicant shall submit or complete the following: i. Submit proof of recording for the subdivision, easements and agreements. ii. Submit a soils report from a licensed professional engineer that indicates the soils present on the site and brought in are adequate for the construction of the structures. iii. Install the wetland buffer monuments. iv. Prior to construction of improvements on the lots, the applicant must acquire the appropriate permits, including right -of -way permits. v. A construction management plan, detailing contractor parking, how deliveries will be made without blocking public streets, where storage of materials will occur, hours of construction and how often streets will be swept. 5. The truck route shall be from State Highway 7 through the Christmas Lake Road intersection to Excelsior Boulevard and access the site from St. Albans Bay Road. 6. The preliminary plat, conditional use permit and variances shall expire in 180 days if the applicant has not submitted a complete application for final plat. The applicant may request an extension to the approval subject to the requirements of Section 1202.03 Subd. 2. f. (3). ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of April, 2020. ATTEST: ta" I(XV-_ Sandie Thone, City Clerk 2 Dated: May 7, 2020 OFFICIAL CERTIFICATION STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF SHOREWOOD I, Sandie Thone, duly appointed City Clerk of the City of Shorewood, Hennepin County, Minnesota; do hereby certify that the foregoing official 20 -035 A RESOLUTION APPROVING PRELIMINARY PLAT, CONDITIONAL USE PERMIT, AND VARIANCES FOR THE MATTHEW SAYER ADDITION LOCATED AT 20325 EXCELSIOR BOULEVARD was approved by the Shorewood City Council on April 27, 2020. The attached Resolution 20 -035 is a true and correct copy adopted by the Council of the City of Shorewood and is so recorded in the minutes of a meeting held on the 27th day of April 2020. J k& Sandie Thone City Clerk DRAFTED BY: SHOREWOOD CITY CLERK'S OFFICE 5755 COUNTRY CLUB ROAD SHOREWOOD, MN 55331