93-012
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RESOLUTION NO. 12-93
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
TO FILL IN EXCESS OF 100 CUBIC YARDS FOR ROBERT BALGARD
WHEREAS, ROBERT BALGARD (Applicant) is the owner of real property located
at 26100 Smithtown Road, in the City of Shorewood, County of Hennepin, legally
described on Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicant has applied to the City for a Conditional Use Permit to
place approximately 1200 cubic yards of fill to correct drainage problems for the existing
home on the above-referenced property; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit to place
fill in excess of 100 cubic yards; and
WHEREAS, the Applicant's request was reviewed by the City Planner and the City
Engineer, and their recommendations were duly set forth in a memorandum to the Mayor
and City Council dated 30 December 1992, 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 1 December 1992, 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 11 January 1993, 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 the proposed filling is necessary to correct drainage problems in order
to make reasonable use of the land.
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2. That the area of fill shall be limited to that which is shown on Exhibit B,
attached hereto and made a part hereof.
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CONCLUSION
1. That the application of Robert Balgard for a Conditional Use Permit as set
forth hereinabove be and hereby is granted.
2. That this approval is subject to the following:
a. The amount of fill should be minimized to that which is necessary to
correct drainage problems around the house.
b. That finish grading should result in slopes no steeper than 3: 1.
c. That final grading shall be subject to approval by the City Engineer.
d. That the graded area shall be seeded or sodded by 1 June 1993.
3. 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 25th day of January,
1993.
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ATTEST:
'Ii
es C. Hurm
Administrator/ Clerk
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LEGAL DESCRIPTION
"The east 176.00 feet of that part of Lots 88 and 111, Auditor's Subdivision Number
One Hundred Thirty-three, Hennepin County, Minnesota, described as follows:
Commencing at the southeast corner of the Southwest 1/4 of the Northeast 1/4 of
Section 32, Township 117, Range 23; thence west 392.5 feet to the point of beginning
of the land to be described; thence north 398 feet; thence west 498.5 feet; thence
south 398 feet; thence east 498.5 feet more or less to the point of beginning, all in
Hennepin County, Minnesota, except the west 199 feet of the north 90 feet of the
south 265 feet of said Lot 88 which lies northerly of Smithtown Road as described in
Document Number 1061490."
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EXHIBIT A
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EXHIBIT B
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Dated:
January 25, 1993
CERTIFICATION
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
I, James C. Hurm, duly appointed City Administrator/Clerk of the
City of Shorewood, Hennepin County, Minnesota, do hereby certify
that the foregoing resolution is a true and correct copy of a
resolution adopted by the Council of the City of Shorewood and is
so recorded in the minutes of a meeting held on the 25th day of
January ,1993.
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N\Ai
es C. Hurm
y Administrator/Clerk