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02-046• CITY OF SHOREWOOD RESOLUTION NO. 02-046 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND SETBACK VARIANCE FOR THE CONSTRUCTION OF DUGOUT FACILITIES IN FREEMAN PARK WHEREAS, the South Tonka Baseball organization (Applicant) proposes to construct dugout facilities for Field No. 1 and Field No. 2 in Freeman Park to be used as shelters for players, which shelters will be donated to the City of Shorewood; and WHEREAS, the Shorewood Zoning Code allows public recreational buildings 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 3 May 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 their regular meeting on 7 May 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 their regular meeting on 28 May 2002, 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 Applicant proposes two dugout shelters for each field, each of which shelters is one story in height, consisting of canvas awning material stretched over a steel fence framework. 2. Except for the dugout on the third base side of Field No. 2, the dugout shelters comply with the setback and zoning requirements of the Shorewood Zoning Code. 3. The Applicant has requested a side yard setback variance for the westernmost dugout on Field No. 2. 4. The residential properties to the west of the westernmost dugout on Field No. 2 • are well screened from the ball field by existing vegetation. • CONCLUSIONS A. The conditional use permit for the construction of dugout facilities on Field No. 1 and Field No. 2 in Freeman Park is hereby granted, subject to the following conditions: 1. All of the dugout shelters must comply with the Shorewood Zoning Code and the State Building Code. 2. That the color of the awning material used on the shelters shall be green. 3. That the canvas awnings shall be allowed to be in place from 1 April to 31 October. B. That the Applicant has satisfied the conditions for the grant of a side yard setback variance. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 28th day of May, 2002. • JO GARFUNKikt, AC ING MAYOR • ATTEST: CRAIG W'fiAW9ON, CITY ADNHNISTRATOR/CLERK -2-