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23-106 Approving a Conditional Use Permit to Allow the Import of 250 Cubic Yards of Fill ar 4800 Spray Island RECORDEDLAND TYPE Abstract (A) DOC NUM 11263685 Certified, filed and/or recorded on Feb 9, 2024 4:30 PM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 168 Pkg ID 2645606M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. Dated: January 23, 2024 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 23-106: A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE IMPORT OF 250 CUBIC YARDS OF FILL AT 4800 SPRAY ISLAND was approved by the Shorewood City Council on October 23, 2023. The attached Resolution 23-106 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 23rd of October 2023. 27M Sandie Thone City Clerk DRAFTED BY: SHOREWOOD CITY CLERK'S OFFICES 5755 COUNTRY CLUB ROAD�`� SHOREWOOD, MN 55331 9 f R W P��1 e RESOLUTION 23-106 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE IMPORT OF 250 CUBIC YARDS OF FILL AT 4800 SPRAY ISLAND WHEREAS, JK Landscape Construction (the "Applicant"), has applied to import 250 cubic yards of material to Spray Island to fill holes in the lawn area on the property legally described as: Government lot six (6) Section Thirty {30), Township One Hundred Seventeen (117), Range Twenty -Three (23), west of the fifth principal meridian, Hennepin County, MN; (the "Property") and WHEREAS the applicant proposes to import the material by barge to the island; and WHEREAS, after required notice, a public hearing was held and the application reviewed by the Planning Commission at a regular meeting held on October 3, 2023, the minutes of the meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on October 23, 2023, at which time the Planning Director's memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the City Council from the Applicant and City staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: 1. The subject property is located in a R-1A/S Single Family district. 2. Section 1201.03 Subd. 8 allows fill over 100 cubic yards subject to the approval of a conditional use permit. 3. The applicant's proposal is identified on plans and materials submitted to the City on July 14 and 22, 2023 (the "Plans"). 4. Conditional Use Permits are reviewed subject to section 1201.04 of City Code. The Plans have been considered in relation to the specific policies and provisions of the Comprehensive Plan and found to be consistent. 2. The request would not overburden the city's service capacity and existing public services and streets. 3. As the property is an island, the request would be compatible with the neighborhood and would not tend to depreciate the area. 4. As the application has been found to adhere to the standards in the Shoreland regulations, the request would not be detrimental to public health and safety. 5. The proposed use conforms to the applicable regulations of the district in which it is located and otherwise conforms to the applicable regulations of city code. 6. The Applicant's plans have satisfied the criteria for the grant of conditional use permits to import 250 cubic yards of material, subject to the following conditions: a. The haul route to bring the fill into the property shall be into the island by barge and as shown crossing the island on the Plans.. b. The applicant shall install and maintain a double row of silt fence through the entirety of the project. c. The applicant shall restore ground cover within seven days after grading is completed. d. Prior to approval of the grading permit permit, the applicant shall submit all copies of permits required by other jurisdictions (the MCWD and NDPES). e. Disturbed portions of the property must be restored with slopes no steeper than 3:1. f. The applicant shall schedule inspections of the erosion control methods prior to the import of fill and at the completion of the project. 7. 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 23rd day of October, 2023. I a" -I(AL Sandie Thone, City Clerk 2