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22-105 Approving a Variance to Grade Within the Shore Impact Zone for Lake Minnetonka on Property Located at 27190 Edgewood Road - recordedLAND TYPE Abstract (A) DOC NUM 11182580 Certified, filed and/or recorded on Feb 10, 2023 8:00 AM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 98 Pkg ID 2539316D Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. III Dated: January 26, 2023 OFFICIAL CERTIFICATION STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF SHOREWOOD ) I, Sandie Thone, duly appointed City Clerk of the City of Shorewood, Hennepin County, Minnesota; do hereby certify that the foregoing official RESOLUTION 22-097: APPROVING A CONDITIONAL USE PERMIT FOR A SPECIAL PURPOSE FENCE FOR THE PROPERTY LOCATED AT 25140 GLEN ROAD was approved by the Shorewood City Council on October 11, 2022. The attached Resolution 22-097 is a true and correct copy adopted by the Council of the City of Shorewood and is so recorded in the minutes of a meeting held on the 11 th of October 2022. Sandie Thone City Clerk DRAFTED BY: SHOREWOOD CITY C. 5755 COUNTRY CLUB SHOREWOOD, MN 55 411, ��It PRINTED ON RECYCLED PAPER RESOLUTION 22-097 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A SPECIAL PURPOSE FENCE FOR THE PROPERTY LOCATED AT 25140 GLEN ROAD WHEREAS, Richard Jeidy and Virginia Ball (the "Applicant") has applied for a conditional use permit for a special purpose fence on property legally described as: The east 118 feet of Lot 8, Block 1, Casey Addition, Hennepin County, Minnesota WHEREAS, Shorewood City Code Section 1201.03(f)(11) allows for the construction of special purpose fences and fences that vary in height, location and design from the regulations for residential zoning districts upon approval of a conditional use permit; and WHEREAS, the Applicant has applied for a conditional use permit for the construction of a privacy fence with six- and seven -foot tall sections along the west property line from the front property line to the rear property line; and WHEREAS, the Applicant is proposing the fence to mitigate conflict with the neighboring property owners and, consequently, the proposed fence would vary from the typical requirements in height, location and design; 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 20, 2022, 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 October 11, 2022, at which time the Planning Commission's recommendations and comments and letters from the public were reviewed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: FINDINGS 1. The subject property is located in an R-1 C, Single Family Residential zoning district. 2. The shared property line has been the point of confrontation between the two property owners for at least 17 years. 3. The proposed fence would be located 2-3 inches inside the Applicant's property. 4. The proposed fence was found to not obstruct traffic visibility along Glen Road. 5. The Applicant's proposal is identified on plans dated July 25, 2022 and August 1, 2022 ("Plans"). 6. The proposed fence meets the criteria for a special purpose fence under City Code Section 1201.03(f)(11) as it is proposed and design to mitigate conflict between neighboring property owners and, consequently, differs dimensionally from other fences expressly permitted under City Code. CONCLUSIONS 1. The Applicant's request for a fence to be installed as shown on the Plans is hereby approved based on the above findings. 2. 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. The fence is constructed according to the Plans provided to the City. b. Prior to construction of the fence, the Applicant must request and receive a zoning permit. 3. The conditional use permit shall expire one year after approval unless the applicants have completed the fence or requested an extension as allowed by City Code. 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 11 th day of October, 2022. ATTEST: ID. /,,�.L 2 iferkkabadie, Mayor V "117