20-074 RESOLUTION 20-074
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
TO ALLOW 1,230 CUBIC YARDS OF FILL FOR JENNIFER AND CLAYTON
TESSNESS FOR PROPERTY LOCATED AT 23100 SUMMIT AVENUE
WHEREAS, Clayton and Jennifer Tessness (Applicant), has applied for a conditional
use permit for property in the City of Shorewood, legally described as:
Lot 277, Auditor's Subdivision No. 135, Hennepin County, Minnesota
WHEREAS, the applicant has proposed to import 1,230 cubic yards of material where
100 cubic yards is permitted without a conditional use permit; and
WHEREAS, after required notice, the Planning Commission held a public hearing and
reviewed the application on July 7, 2020, the minutes of which meeting are on file at
City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on July
27, 2020, at which time the planning memorandum and the Planning Commission's
recommendations were reviewed and comments were heard by the City Council from
the Applicant, the public 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 100 cubic yards of
material to be imported to a site without the approval of a conditional use permit.
2. All properties in the City of Shorewood are permitted to import more than
100 cubic yards of fill to the property subject to the approval of a conditional use
permit.
3. The applicant's proposal is identified on the application and plans
submitted to the City on June 16, 22, and 24, 2020.
CONCLUSIONS
1. The Applicant's plans have been considered in relation to the specific policies and
provisions of the Comprehensive Plan and found to be consistent.
2. The Applicant's plans indicate: 1) the new home and improvements proposed would
be compatible with the neighborhood and would not tend to depreciate the area; 2)
would not be detrimental to the public health and safety; and 3) the use can be
supported with the existing public services.
3. The Applicant's plans have satisfied the criteria for the grant of conditional use
permits to import 1,230 cubic yards of material, subject to the following conditions:
a. The haul route to bring the fill into the property shall be into and out of the
neighborhood using Summit Avenue.
b. Only one truck at a time may access the property for delivery of materials.
c. The applicant shall install and maintain a double row of silt fence through the
entirety of the project.
d. The applicant shall restore ground cover within seven days after grading is
completed.
e. The applicant shall use water to spray the fill during delivery and in dry periods
to control dust.
f. No vehicles may be parked on Summit Avenue.
g. Prior to approval of the building permit, the applicant shall amend the
construction management plan to include the approved haul route, to include
spraying the material to control dust, that only one truck at a time will be
permitted on Summit Avenue, to incorporate traffic flagging during the
deliveries, and to identify where the staging area for trucks will be.
h. The applicant shall submit an executed maintenance agreement for the
infiltration basin proposed for rate control.
i. Disturbed portions of the property must be restored with slopes no steeper than
3:1.
j. The applicant shall be responsible for repairing any damage to Summit Avenue.
k. The applicant shall post the construction management plan on the site
throughout construction.
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 27th day of
July, 2020.
Sc rby, a •r
ATTEST:
_ IiL- ilia
Sandie Thone, ity Clerk
2