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21-111 Approving a Conditional Use Permit for a Fence for the Property Located at 5660 Minnetonka DriveRESOLUTION 21-111 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FENCE FOR THE PROPERTY LOCATED AT 5660 MINNETONKA DRIVE WHEREAS, Alec Walsh (the "Applicant") has applied for a conditional use permit for a fence at his residence addressed as 5660 Minnetonka Drive, on the property legally described as: Lot 1, Block 2, MINNETONKA HILLS FIRST ADDITION Hennepin County, Minnesota WHEREAS, the Shorewood City Code allows fences in yards abutting an intermediate arterial or minor arterial street, as designated in the Shorewood Comprehensive Plan, to be constructed to a height of six feet in a front or side yard abutting the arterial street, by conditional use permit; and WHEREAS, the Applicant has applied for a conditional use permit for the construction of a six-foot high fence in the front yard of the property that abuts County Road 19, which is designated as an arterial street in the Shorewood Comprehensive Plan; 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 September 7, 2021, at which time the planning staff memorandum was reviewed and comments were heard by the Applicant and the public; and WHEREAS, the City Council considered the request for a conditional use permit for a fence at its regular meeting on September 27, 2021, at which time the Planning Commission's recommendations were reviewed and comments were heard by the Applicant, 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-2A, Single and Two Family Residential zoning district. 2. The front yard of the property abuts County Road 19, which is designated as an arterial street in the Shorewood Comprehensive Plan. 3. The proposed fence shall be located no closer than eight feet to the property line that runs parallel to County Road 19. 4. A landscape plan for the above -referenced eight -foot setback area must be submitted and was found to be in compliance with § 1201.03 subd. 2.g. of City Code. 5. The proposed fence and landscape plan were found to not obstruct traffic visibility at the corner of County Road 19 and Minnetonka Drive. 6. The Applicant's proposal is identified on plans dated July 26, 2021 and August 18, 2021. CONCLUSIONS 1. The Applicant's request for a fence no taller than six-foot to be installed as shown on the plans submitted on July 26, 2021 and August 18, 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 condition: a. Prior to construction of the fence, the Applicant must request and receive a zoning permit. 2. The conditional use permit shall expire one year after approval unless the applicants have completed the fence. 3. 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 27th day of September, 2021. ATTEST: Sandie Thone, City Clerk v f Jeneifer abadie, Mayor 2