06-016
CITY OF SHOREWOOD
RESOLUTION NO. 06-016
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR FROST AD DEVELOPMENT COMPANY
WHEREAS, Frostad Development Company, LLC (Applicant) has an interest in the real
property located at 23505 and 23575 Smithtown Road in the City of Shorewood, County of
Hennepin, State of Minnesota, legally described on Exhibit A, attached; and
WHEREAS, the Applicants propose to redevelop the existing property and build a new
office building on the site; and
WHEREAS, the Applicant has applied for a conditional use permit, pursuant to Section
1201.21 Subd. 4.c. of the Shorewood City Code; and
WHEREAS, Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in memoranda to the Planning Commission and City
Council, dated 30 November 2005 and 28 December 2005, which memoranda are on file at City
Hall; and
WHEREAS, Applicant's request was reviewed by the City's Engineering Consultant,
and his recommendations were duly set forth in memoranda to the Planning Director, dated 29
December 2005 and 18 January 2006, which memoranda are 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 6 December 2005, the minutes
of which meeting are on file at City Hall; and
WHEREAS, Applicant's request for conditional use permit was considered by the City
Council at their regular meeting on 23 January 2006, at which time the Planner's memoranda the
Engineering Consultant's memoranda, and the minutes ofthe 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 the R-C, Residential-CommerciallShoreland
zoning district.
2. The Applicants' property contains approximately 91,860 square feet of area and is
currently occupied by a commercial nursery business.
3. The Applicant proposes to remove the existing nursery business and construct a
two-story, 24,000 square-foot office building on the property.
4. The Applicant proposes to access the front half of the site with and access from
County Road 19. Access to the rear half of the site would come off Wood Duck Circle.
5. The Applicant proposes to construct a landscaped berm across the front of the site.
CONCLUSIONS
A. Based upon the foregoing, the City Council hereby grants the Applicant's request
for a conditional use permit subject to the following:
1. The Applicant must provide a detailed signage plan including all business signs
and traffic control signs to be approved by the Zoning Administrator.
2. The property must be landscaped and the landscaping must be maintained in
accordance with the landscape plan approved by the City.
3. The Applicant must provide cost estimates for all required improvements,
including grading, utilities, paving, curbing, striping and landscaping.
4. A letter of credit in the amount of 1.5 times the cost estimate for the public
improvements, landscaping and fencing is required to guarantee that site
improvements, landscaping and fencing will be completed.
5. Final grading, including a retaining wall along the east side of the property, and
drainage must be approved by the City Engineer.
6. The trash dumpster must be sized according to industry standards and enclosed
with a masonry wall.
7. The use ofthe site must comply with all aspects of the R-C, Residential-
Commercial/Shoreland District, including, but not limited to, hours of operation:
B. That the Mayor and City Administrator/Clerk are hereby authorized to enter into a
Development Agreement with the Developer, which Development Agreement is attached as
Attachment I, attached hereto and made a part hereof. The Developer shall record the
Development Agreement with the Hennepin County Recorder or Registrar of Titles.
C. That the City 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.
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ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of
February 2006. /--
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WOODY LOVE, MAYOR
ATTEST:
. DAWSON, CITY ADMININISTRATORlCLERK
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Legal Description
That part of Government ;;Lot 2, Seci;ion 34, Township 117, Range
23, ~ described as beginning at a point on the East line of Lot 213,
Aud,itor's Subdivision No. 135,' Hennepin County, Minnesota, distant
758;.25 feet North from the South line of said Lot 213 and its
extension; thence West, at right angles to the East line of said
Lot ~ 213, a distance of 160 feet; thence North parallel to the East
line! of said Lot 213, to the southerly right of way line of County
Road No. 19; thence Northeasterly along said southerly right of
way line to its intersection with the extension North of the East
lfie' of said Lot 213; thence South to the point of beginning.
5ubiject to reservations, restrictions and easements of record, if
any.
They above parcel "description was taken from a Certificate of
Survey by Calvin H. Hedlund, undated, provided by client.
Tarrens Property according to Hennepin County electronic property
tax 1 records.
ANR
A tract of land comprising parts of Lots 289 and 213, Auditor's
Subdivision No. 135, Hennepin County, Minnesota and of the public
road now vacated lying between said two Lots, which Tract is
described as follows: Beginning at a point in the extension of the
East line of said Lot 213 distant 1229.25 feet North of the South
line of the Southeast Quarter of the Northwest Quarter of Section
34, ~ Township 117, Range 23, thence running ~ Northwesterly on a
lines which terminates at the Southwest. corner of Lot 304, said
Subdivision, a distance of 52.5 feet, more or less to the Southerly
right of way line of State Highway No. 7, as now laid out.and
constructed, thence Southwesterly along the Southerly right of way
line! a distance of 123.6 feet,~more or less, to a point which is
160 #eet West of the extension of the East line of said Lot 213
be't ~ g the point of beginning of the land to be described thence
Sayth on a line parallel with the. East line of said Lot 213, a
distance of 250 feet, thence West on a line- drawn at right angles
to the East line of said Lot 213, a distance of 38 feet, thence
North on aline parallel kith the East line of said Lot 213 to the
So~therly right of way {ite of said State Highway #7, thence
Northeasterly along said `,`Southerly right of way line to point of
ber~inning of tract herein described. Auditor's Subdivision No. 135,
Hennepin County, Minn.
Torrens Certificate No. 846997
AND .
Ou~lots A and B, WILD DUCK THIRD ADDITION, Hennepin County,
Minnesota.
5udject to a sewer easement now over the most Northwesteriy 8
feet of Outlot A in favor of Metropolitan Waste Commision as
contained in Book 71 of Hennepin County Records, page 3893271.
Exhibit A