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15-009RESOLUTION NO. 15 -009 RESOLUTION . CONDITIONAL TO PLACE FILL IN EXCESS OF 100 CUBIC YARDS FOR JESSE KATH WHEREAS, Jesse Kath (Applicant) is the owner of real property located at 25025 Yellowstone Trail, in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit to place approximately 6000 cubic yards of fill to correct poor soils located on the above - referenced property; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit to place fill in excess of 100 cubic yards; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission, Mayor and City Council dated 30 December 2014, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at its regular meeting on 6 January 2015, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at its regular meeting on 26 January 2015, at which time the Planner's memorandum, and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The Applicant proposes to replace up to 6000 cubic yards of soil in order to create a suitable building pad on the subject property. 2. The slope of the finished grade will not exceed three units horizontal to one unit vertical. ,i A. That the application of Jesse Kath for a Conditional Use Permit as set forth hereinabove be and hereby is granted. B. That this approval is subject to the City Engineer's recommendations and approval of the final grading. The City shall document the condition of the pavement in front of the subject property and any damage to the pavement must be corrected, at the Applicant's expense, prior to issuance of a certificate of occupancy for the new home. C. That 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 26th day of January, 2015. �"MTA� Jean Panchyshyn, City Clerk -2- 7 e W Zerby, _ Legal Description The West 185 feet of that part of Lots 6 and 7, Minnewashta Park according to the recorded plat thereof Hennepin County, Minnesota. Lying Northerly of the Northerly right of way line of State Highway No. 7. Also Lot 61, Auditor Subdivision No. 133, Hennepin County, Minnesota. Except that part platted in Boyer Lake Minnewashta Addition and except highway. O