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03-007• CITY OF SHOREWOOD RESOLUTION NO. 0 3 - 0 0 7 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF ST. JOHN THE BAPTIST CHURCH' S CEMETERY OF THE RESURRECTION WHEREAS, St. John the Baptist Church (Applicant) proposes to expand the existing Cemetery of the Resurrection, located at 5425 Covington Road; and WHEREAS, the property is legally described as: "Cemetery of the Resurrection and Cemetery of the Resurrection Second Addition, Hennepin County, Minnesota. WHEREAS, the Shorewood Zoning Code allows cemeteries in residential zoning districts by conditional use permit (C.U.P.) subject to certain conditions; and WHEREAS, the request was reviewed by the City Planner and his recommendations were duly set forth in a memorandum to the Planning Commission, Mayor and City Council, dated 26 November 2002, which memorandum is on file at City Hall; and • WHEREAS, after required notice, a Public Hearing was held and the Applicant's application reviewed by the Shorewood Planning Commission at its regular meeting on 3 December 2002, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at its regular meeting on 16 December 2002, at which time the Planner's memoranda, the City Engineer's memoranda and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff and local area residents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT The subject property contains approximately 15 acres of land, of which 1.79 acres is occupied by wetlands, and is zoned R-1A, Single -Family Residential. 2. Land uses and zoning surrounding the subject property is as follows: North: State Highway 7 right-of-way and Shorewood Southeast Area water tower; • zoned R-1A • West: Single-family residential; zoned R-IA/S, Single -Family Residential/Shoreland South: Single-family residential; zoned R-IA/S East: Old Market Road, then single-family residential; zoned R-1 A 3. The cemetery currently occupies 4.42 acres of the site. The proposed expansion of the cemetery will occupy an additional 2.75 acres (see Exhibit A, attached). 4. The proposed development of the site complies with R-lA district setback requirements. The Applicant has agreed to maintain a 43-foot setback from the side lot line abutting three homes on Old Market Road. In addition, the Applicant has agreed to place only headstones flush with the ground within 50 feet of said side lot line. 6. Two mausoleum structures are proposed to be built in the future. Both structures comply with R-1A district setback and height requirements. 7. Access to the cemetery is from Covington Road. CONCLUSIONS A. The proposed use of the property is consistent with its current zoning and with the is Shorewood Comprehensive Plan. B. The conditional use permit for the Cemetery of the Resurrection is hereby granted subject to the following: • 1. The site shall be developed and landscaped according to the approved Master Plan Concept, dated 20 January 2003, attached hereto as Exhibit A and made a part hereof. 2. Prior to construction of the two mausoleum structures the Applicant shall make application for an amendment to this conditional use permit. No gravesites shall be located within 43 feet of the side lot of the subject property that is also the rear or side lot line of the homes on Old Market Road. Further, any monuments located within 50 feet of said property line shall be limited to headstones flush with the ground. 4. Any monuments located within the 50-foot setback area adjacent to any public right- of-way shall maintain a minimum setback from the right-of-way of fifteen feet and shall be limited to headstones flush with the ground. C. The City Clerk shall provide St. John the Baptist Church with a certified copy of this resolution for purposes of recording with the Hennepin County Recorder. -2- • • D. This resolution must be recorded within 30 days of the Applicant's receipt of a certified copy hereof. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 27th day of January, 2003. ATTEST: 51 WOODY LOVE, MAYOR CRAIG.,,/DAWSON, CITY CLERK/ADMINISTRATOR -3- 113S Sd3 O AJvalJ5 ,05 -1S3M 01) LO r M 0 0 0 0 CO U") O O m O O N N r W V :QQ a N I-- O O crj O r } w a W N W w N U w H A z U N F-a a WOwa ~O W A U U W � U d M N co O N co CD Cfl U) cn C Q Q N J > Q m m Y YES ZOO U UE, Q J JCm 0 w0) LL LOZ �� U W R m M ti co W } J H 0 M O ■ 0 N O O o M O 2 p V O O4-4 In � V Cn Exhibit A