21-082 Approving a Conditional Use Permit for a Fence for the Property Located at 4865 Ferncroft DriveRESOLUTION 21-082
A RESOLUTION APPROVING A
CONDITIONAL USE PERMIT FOR A FENCE FOR
THE PROPERTY LOCATED AT 4865 FERNCROFT DRIVE
WHEREAS, Jacob Gustafson and Allison Spies (the "Applicants") have applied for a
conditional use permit for a fence at their residence addressed as 4865 Ferncroft Drive,
on the property legally described as:
Lot 8, Block 8, MINNETONKA MANOR, Hennepin County, Minnesota; and those
parts of Lots 9 and 10, Block 8, MINNETONKA MANOR, Hennepin County,
Minnesota, lying northerly of the following described line:
Commencing at the northwest corner of said Lot 8; thence on an assumed
bearing of South 04 degrees 35 minutes 49 seconds East along the west line of
said Lots 8, 9 and 10, a distance of 110.00 feet to the point of beginning of the
line to be described; thence North 80 degrees 55 minutes 04 seconds East a
distance of 240.34 feet to the southeasterly line of said Lot 9 and there
terminating.
WHEREAS, the Shorewood City Code requires a conditional use permit for the
construction of fences that vary in height, location and design from the regulations for
residential zoning districts; and
WHEREAS, the Applicants have applied for a conditional use permit for the construction
of a five-foot high fence in the rear yard of their property that is located in the Shoreland
District, where a maximum four -foot fence is allowed between the ordinary high water
level setback and the average building construction line; and
WHEREAS, the Planning Commission considered the request for a conditional use
permit for a special purpose fence and held a public hearing at its regular meeting on
July 6, 2021, at which time the planning staff memorandum was reviewed and
comments were heard by the Applicants and the public; and
WHEREAS, the City Council considered the request for a conditional use permit for a
fence at its regular meeting on July 26, 2021, at which time the Planning Commission's
recommendations were reviewed and comments were heard by the Applicants, staff,
and the public.
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-1 D, Single Family Residential zoning
district and the Shoreland District of Lake William.
2. The rear yard of the property abuts Lake William, which is designated as a General
Development Lake.
3. The proposed fence is located outside of the 50-foot setback from the Ordinary
High Water Level of Lake William.
4. The proposed fence is a five-foot tall chain link fence.
5. The Applicant's proposal is identified on plans dated May 25 and June 28, 2021.
CONCLUSIONS
1. The Applicants' request for a fence no taller than five-foot to be installed as
shown on the plans submitted on May 25 and June 28, 2021 is hereby approved
based on the finding that the request has satisfied the criteria for granting a
conditional use permit for a fence under the Shorewood City Code, subject to the
following conditions:
a. Prior to construction of the fence, the Applicants must request and receive a
zoning permit.
b. Staff shall approve of a plan to address the boulder wall that extends through
a drainage and utility easement and across property lines. Should the
Applicant and the adjacent property owners choose to keep the existing
boulder wall, they must submit executed encroachment agreements for both
affected properties before a zoning permit for the fence will be issued.
2. The conditional use permit shall expire one year after approval unless the
applicants have completed the fence.
3. The fence shall be maintained in perpetuity as a chain -link fence or ornamental
metal fence with similar opacity.
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, MINNESOTA
this 26th day of July, 2021.
ATTEST:
I
x"" Z�,
Je i er abadie, Mayor
OA