92-049
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RESOLUTION NO. 49-92
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
TO FILL IN EXCESS OF 100 CUBIC YARDS FOR JOSEPH PETERS
WHEREAS, JOSEPH PETERS (Applicant) is the owner of real property located at
20455 Manor Road, in the City of Shorewood, County of Hennepin, legally described as:
"Lot 3 except the Northwesterly 200 feet thereof, that part of the
Southwesterly 45 feet of Lot 2 lying Southeasterly of the Northwesterly 200
feet thereof, and the Northeasterly 20 feet of the Southwesterly 45 feet of the
Northwesterly 200 feet of said Lot 2, all in "Minnetonka Manor Second
Addition" .
WHEREAS, the Applicant has applied to the City for a Conditional Use Permit to
place approximately 500 - 600 cubic yards of fill to construct a driveway to serve a new
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 his
recommendations were duly set forth in a memorandum to the Planning Commission dated
1 May 1992, which memorandum is on file at City Hall; and
WHEREAS, the Applicant's request was reviewed by the City Engineer, and his
recommendations were duly set forth in a memorandum to the Planner, dated 16 January
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 5 May 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 May 1992, at which time the Planner's memorandum, the Engineer'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:
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FINDINGS OF FACT
1.
That the Applicant's lot exists as a nonconforming lot of record.
2. That the proposed filling is necessary to create a driveway in order to make
reasonable use of the land.
3. That the Applicant may have to obtain easements from adjoining property
owners to comply with maximum slope requirements.
CONCLUSION
1. That the application of Joseph Peters 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
create a safe driveway.
b.
That two culverts should be located per the recommendation of the
City Engineer.
c.
That the driveway must be surfaced with bituminous or better.
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 26th day of May,
1992.
ATTEST:
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Dated:
May 26, 1992
CERTIFICATION
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
I, James C. Hurm, duly appointed City Administrator/Cler~ 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 26th day of
Mav , 1992.
1I1J4C
C. Hurm
Administrator/Clerk