99-104
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CITY OF SHOREWOOD
RESOLUTION NO. 99-104
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR A SIX-FOOT HIGH FENCE TO KIRK DICKEY
WHEREAS, Kirk Dickey (Applicant) is the owner of certain real property located at
3221 State Highway 7, part of which is situated in the City of Shorewood, County of Hennepin,
State of Minnesota, legally described as:
"Part of Lot 5, Block 1, Boyer's Sterling Estates"; and
WHEREAS, the Applicant proposes to construct a six-foot high fence adjacent to the
right-of-way of State Highway 7; and
WHEREAS, the Shorewood Zoning Code requires a conditional use permit for fences
taller than four feet within the required setback area adjacent to public right-of-way; 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 3
November 1999, 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 16 November 1999, the
minutes of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request for a conditional use permit was considered by the
City Council at their regular meeting on 22 November 1999 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. That although the Applicant's home is located in the City of Chanhassen, the
north 90 feet of the property is located within the City of Shorewood.
2. That the portion of the Subject Property located in Shorewood is zoned R-IA,
Single-Family Residential.
3. That State Highway 7 is designated in the Shorewood Comprehensive Plan as an
intermediate arterial.
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of-way.
That the proposed fence will be constructed eight feet away from the public right-
5. That existing vegetation on the north side of the proposed fence is adequate to
screen the fence from the Highway.
6. That the proposed fence will have no impact on traffic visibility.
CONCLUSIONS
1. That based upon the foregoing, the City Council hereby grants the Applicant's
request for a conditional use permit for a six-foot high fence.
2. That this approval is subject to the following conditions:
a. The fence shall be located no closer than eight feet from the north boundary of the
Applicant's property.
b. The fence shall be of wood, alternating board construction, designed so as to be
25 percent open.
4. That the City Administrator/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 this 6th day of
November 1999.
ATTEST:
AAI
JA S C. HURM, CITY ADMINISTRATOR
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