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19-106RESOLUTION 19 -106 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING AN AMENDMENT TO THE MINNETONKA COUNTRY CLUB P.U.D. FOR 5820, 5840, AND 5860 PRESTWICK COURT WHEREAS, Gonyea Homes, Inc. (Applicant) has requested an amendment to the Minnetonka Country Club PUD to allow reduced front setbacks on three lots in the PUD and on the properties legally described as: Lots 1, 2 and 3, Block 1, Minnetonka Country Club, Third Addition, according to the recorded plat thereof, Hennepin County, Minnesota; and WHEREAS, the Applicant proposes the reduced setbacks of 30 feet instead of 40 feet to allow the preservation of two mature oak trees that were previously approved to be removed. WHEREAS, the Applicant's request dated September 5 and 30, 2019 was reviewed by the Planning Director, whose memo was forwarded to the Planning Commission for their meeting on October 22, 2019; and WHEREAS, the application was considered by the Planning Commission at a public hearing held on October 22, 2019, the minutes of which meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on October 22, 2019, at which time the Planning Director's memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the Council, from the Applicant, the public and city staff. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: The Applicant's request for an Amendment to the Minnetonka Country Club PUD setbacks to allow a 30 -foot setback instead of the previously approved 40 feet is hereby approved based on the findings that the applicable standards have been met and in accordance with the plans submitted September 5 and 30, 2019, subject to the following conditions: a. No construction, grading or alteration of the site may occur without the applicable building permits. b. With the permit application for 5860 Prestwick (Lot 3, Block 1), the Applicant shall submit a written summary of tree care for construction that shall be completed by a certified arborist. c. The Applicant shall install and maintain tree preservation fencing around the drip line of the oak trees and prevent contractors from parking vehicles or using the area under the dripline for storage of materials during construction. 2. 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 12th day of November, 2019. ATTEST: Scottg,ohrby, a r Sandie Thone, City Clerk