21-071 Approving a Conditional Use Permit for Fill in Excess of 100 Cubic Yards and a Variance to Impervious Surface Coverage for a New Home for Property Located at 26050 Birch Bluff RoadRESOLUTION 21-071
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FILL IN EXCESS
OF 100 CUBIC YARDS AND A VARIANCE TO IMPERVIOUS SURFACE COVERAGE
FOR A NEW HOME FOR PROPERTY LOCATED AT 26050 BIRCH BLUFF ROAD
WHEREAS, Tod and Bonnie Carpenter, (the "Applicant") are the owners of real property, legally
described as:
Lot 21, Birch Bluff Upper Minnetonka, Hennepin County, Minnesota; and
WHEREAS, the Applicant has applied for a CUP to allow 500 cubic yards of material to be
brought in where 100 cubic yards is permitted without a CUP and a variance to allow 25.74
impervious surface coverage where 25 percent is the maximum allowed; and
WHEREAS, the Applicant's request was reviewed by the planning staff, whose recommendation
is included in a memorandum for the June 1, 2021 Planning Commission meeting, a copy of
which is on file at City Hall; and
WHEREAS, the Planning Commission held a public hearing on June 1, 2021 to review the
application, the minutes of the meetings are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on
June 28, 2021, at which time the planning staff memorandum and the Planning Commission's
recommendations were reviewed and comments were heard by the City Council from the
Applicant, staff and public.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA FINDS AS FOLLOWS:
FINDINGS OF FACT
1. Chapter 1201.03, Subd. 8 of the zoning regulations requires approval of a conditional
use permit for depositing 100 cubic yards or more of fill on any lot or parcel.
2. Chapter 1201.03, Subd. 2. u. of the zoning regulations allows a maximum of 25 percent
impervious surface coverage for all lots in the shoreland district.
3. The subject property is located in the R-1A/S zoning district.
4. 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 subject to the
standards in Chapter 1201.03, Subd. 8 and in Chapter 1201.04, Subd. 1. d.
5. Section 1201.05 of the zoning regulations provides that the purpose of a variance is to
allow a process to deviate from the strict provision of the zoning regulations when there are
practical difficulties and the action is the minimum to alleviate the practical difficulties.
6. Section 1201.05 of the zoning regulations provides that in making the above
determination, the City may consider the circumstances unique to the property and not created
by the landowner.
7. The Applicant's proposal is identified on the application materials and plans submitted
on April 20, 21, 2021 and May 12,13, and 14, 2021.
CONCLUSIONS
A. Based upon the foregoing, the Applicant's plans to import 500 cubic yards of fill have
been considered in relation to the specific policies and provisions of the Comprehensive Plan
and the standards in the zoning regulations and found to be consistent, subject to the conditions
listed below.
B. The City Council specifically finds that the Applicant's request for a variance to allow
25.74 percent impervious surface coverage is consistent with the variance criteria listed in the
zoning regulations as it specifically demonstrates practical difficulties in meeting the requirement
and that the amount of volume and rate control provided by the proposed stormwater vault
would not alter the essential character of the property or cause an impact on the other lands or
the public welfare, subject to the conditions listed below.
C. The Applicant's request is approved subject to the following conditions:
1) Prior to construction the Applicant shall acquire all necessary permits for
construction.
2) Prior to the issuance of permits, the Applicant shall submit the following consistent
with the City Code and city policies:
a. Plans revised to be consistent with and any materials required by the City
Engineer's memo dated May 24, 2021.
b. A revised survey that includes: i) the lowest floor elevation for the home at least
three feet above the OHWL of Lake Minnetonka; ii) any easement on the
property; iii) any storm sewer or drain the on the property that crosses under
Birch Bluff Road; and iv) the removal of any retaining walls from the public right-
of-way or any drainage and utility easements along the side property lines.
c. A revised landscaping plan indicating trees to be removed and those to be
replanted.
d. An executed storm water management agreement.
e. A construction management plan addressing contractor parking, dust control,
street sweeping, hours of operation, the approved truck haul route and
references an erosion control plan.
f. A soils report from a licensed professional engineer that indicates the soils on the
site and compaction are suitable to support the construction fo the structures.
3) The Applicant shall protect the area where the vault is to be installed from
compaction during the delivery and initial grading of the site.
4) The Applicant shall restore all disturbed portions of the property with slopes no
steeper than 3:1.
5) The Applicant shall restore ground cover within seven days after grading is
completed.
6) During the initial delivery of fill and in dry periods, the exposed dirt shall be sprayed
with water to control dust.
7) The streets shall be cleaned daily during the initial delivery of fill and during the
grading operation and at a minimum of once per week or as needed during the
remainder of construction.
8) The truck route used to access the site shall be along Eureka Road between
Highway 7 and Birch Bluff Road.
D. The conditional use permit and variance shall expire one year after approval unless the
Applicant has completed/utilized the variance in construction or an extension has been
requested in accordance with Chapters 1201.04 Subd. 3 and 1201.05 Subd. 3 of City Code.
E. 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, MINNESOTA
this 28t" day of June, 2021.
Je fifer Lfabadie, Mayor
ILL
Sandie Thone, City Clerk