19-062RESOLUTION 19 -062
CITY OF SHOREWOOD
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR SPECIAL PURPOSE FENCING (BATTING CAGE)
AT 26310 BIRCH BLUFF ROAD
WHEREAS, John Kraemer and Sons, Inc. has applied to construct a batting cage with
posts of 19 feet in height with a mesh netting enclosure where 10 -foot fences are
permitted without a conditional use permit, on the property legally described as:
All that part of Lot 2, Section 29, Township 117, Range 23 lying west of the west
line of the Mann's Addition to Birch Bluff. Subject to that certain easement as set
forth in Book 691 of Deeds, page 334; Subject also to that certain public
easement set out in deed of record in RC Book of Deeds, Page 238, as to that
portion of the east 20 feet of the premises lying south of an extension westward
of the northerly line of the Paradise Avenue shown upon the plat of Mann's
addition to Birch Bluff; and
WHEREAS, the applicant proposes a special purpose fence; and
WHEREAS, after required notice, a public hearing was held and the application
reviewed by the Planning Commission on June 4, 2019, the minutes from the meeting
are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on June
24, 2019, 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, staff and the public; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA FINDS AS FOLLOWS:
FINDINGS OF FACT
1. The subject property is located in an R -1A/S, Single - Family Residential/
Shoreland zoning district.
2. Section 1201.03 Subd. 2 f (9) (b) (iii) of the zoning regulations allows chain link or
woven wire fences used for the enclosure of tennis courts or other recreational
purposes not exceeding 10 feet in height.
3. Section 1201.03 Subd. 2 f. (11) of the zoning regulations allows fences for
special purposes and fences differing in construction, height or length in any district in
the City by issuance of a conditional use permit
4. The applicant's proposal is identified on plans submitted to the City on April 15,
2019.
5. The applicant's proposal includes installation of a batting cage constructed out of
mesh enclosure panels supported by 19 -foot tall posts (including the height of the
adjacent retaining wall).
6. The location of the batting cage would be 21 feet from the west property line
where 10 feet is required and 135 feet from the south property line where 50 feet is
required.
CONCLUSIONS
1. The Applicant's proposed special purpose fence would be compatible with other
land uses in the area and would be unlikely to depreciate the area as the mesh panels
would absorb more noise from the activity than chain link, subject to the conditions
listed below in item 4.
2. The applicant would screen the view of the batting cage from the abutting
property to the west with the existing trees and would plant additional trees adjacent to
Edgewood Road to screen the cage from view.
3. The Applicant's request has satisfied the criteria for granting a conditional use
permit under the Shorewood City Code.
4. Based upon the foregoing, the City Council hereby approves a conditional use
permit to construct a special purpose fence for a batting cage based on the plans
submitted April 23, 2019, subject to the following:
a. The applicant shall acquire all necessary permits.
b. The batting cage will not be lit to allow use of the batting cage after dusk.
5. The City Clerk is hereby authorized and directed to record a certified copy of this
resolution with Hennepin County.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
this 24th day of June, 2019.
ATTEST:
6fit 6 1 W---
Sandie Thone, City Clerk
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Sc Zerby, M y r