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03-043CITY OF SHOREWOOD RESOLUTION NO. 03- 043 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR SIX-FOOT FENCE IN FRONT YARD WHEREAS, Thor Holmgren (Applicant) is the owner of real property located at 23880 Smithtown Road, in the City of Shorewood, County of Hennepin, legally described as; "Lot 8, Block 1, Lawtonka, Hennepin County, Minnesota"; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the construction of a six-foot high fence within the front yard setback area of his property; and WHEREAS, the Shorewood City Code requires a Conditional use Permit for the construction of fences taller than four feet in front yards in residential zoning districts; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 10 April 2003, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was . reviewed by the Planning Commission at their regular meeting on 15 April 2003, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 28 April 2003, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The subject property is located in a R-2A, Single and Two -Family Residential zoning district and contains approximately 32,132 square feet of area. 2. The south boundary of the property abuts County Road 19, which is designated as a minor collector street in the Shorewood Comprehensive Plan. 3. The proposed fence will be located eight feet from the front property line. 4. The applicant proposes to maintain an existing row of dogwood shrubs that lies • between County Road 19 and the proposed location of the fence. • CONCLUSION A. The application of Thor Holmgren for a Conditional Use Permit as set forth herein above be and hereby is granted. B. That this approval is subject to the following: The proposed fence will be located at least eight feet back from the front property line. 2. The applicant shall maintain the existing row of dogwood shrubs, replacing any plants that are damage or destroyed in the future. C. The City Administrator/Clerk is hereby authorized and directed to provide the Applicant with 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 SHOREWOOD this 12th day of May 2003. • ATTEST: • LOVE, MAYOR CITY ADMINISTRATOR/CLERK -2-