91-030
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3/21/91
RESOLUTION NO. 30-91
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
PROVIDING FOR AGRICULTURAL USE IN A SINGLE-FAMILY
RESIDENTIAL DIST RIC T
WHEREAS, Clifford Brandhorst (Applicant) is the owner of real
property consisting of approximately 10 acres located at 27225 Smithtown Road
in the City of Shorewood, County of Hennepin, State of Minnesota, legally
described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, Applicant for several years has been growing wholesale
plant products (e.g., Hosta) on the property, which activity requires the use
of temporary greenhouse structures to shade the plants during summer months;
and
WHEREAS, said property is located within a single-family residential
district and therefore requires a Conditional Use Permit for the operation of
an agricultural business on the property; and
WHEREAS, the Applicant's request has been reviewed by the City
Planner and his recommendations have been duly set forth in his memorandum to
the Planning Commission dated 28 February 1991, which memorandum is on file
at City Hall; and
WHEREAS, after required notice a Public Hearing was held and the
application reviewed by the Planning Commission at their regular meeting on 5
March 1991, the minutes of which meeting are on file at City Hall; and
WHEREAS, the Applicant's application was considered by the City
Council at their regular meeting held on 11 March 1991, at which time the
Planner's memorandum was reviewed, the minutes of the Planning Commission
were reviewed, comments were heard from the City Council members and staff,
and the City Attorney was directed to prepare a resolution setting forth
findings and conclusions approving the application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Shorewood as follows:
FINDINGS OF FACT
1. T hat the subject property consists of three contiguous parcels
of land comprising 9.75 acres located in a R-1A single-family, residential
zoning district.
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2. T hat the property is occupied by Mr. Brandhorst's home, two
accessory buildings, several greenhouses, and is bordered by natural
vegetation and landscaping, all of which is depicted in the site plan of the
property attached hereto and made a part hereof as Exhibit B.
3. That, with the exception of the cemetery located adjacent to the
northeast corner of the site, the property is surrounded by single-family
residences, the lots south of the site being approximately 660 feet deep with
houses located on the south half of the lots.
4. T hat the visual impact of the temporary greenhouses is
negligible due to the extent of existing vegetation on the site, and that the
greenhouses are effectively screened from view of adjoining properties.
5. That the Shorewood City Code Section 1201.10 Subd. 0, 4.d. and
e. provides for the approval of conditional uses for the purposes of farm or
truck gardens and the erection of farming and agricultural related buildings,
subject to certain requirements.
6. T hat the use of the land comtemplated in the application is in
accordance with the official City Comprehensive Plan and will not adversely
affect the general welfare, public health and safety of the community.
CONCLUSIONS
That Applicant's application for a Conditional Use Permit for the
use of the subject property for agricultural purposes is hereby granted,
subject to the following conditions:
1. T hat the three parcels remain under the ownership of the
resident of the home located on the property and that the agricultural use of
the property be restricted to use by the resident of the property.
2. That the sale of agricultural products be limited to such
prod ucts as are raised on the premises and that retail sales be limited to
seasonal sale of fruits and vegetables actually grown on the premises.
3. T hat the temporary greenhouses be kept in good repair and
confined to the clearing shown on the site plan, attached hereto as
Exhibit B.
4. T hat except for the temporary greenhouses, all structures comply
with current building and zoning codes.
5. T hat the existing natural vegetation and landscaping be
maintained on the site.
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6. That a certified copy of this resolution, together with the
Exhibits attached hereto, be filed with the Hennepin County Recorder or
Registrar of Titles within thirty (30) days of the date of certification
hereof.
ADOPTED BY THE CITY COUNCIL OF THE
25th day of March, 1991.
ATTEST:
Bradley J. Nielsen
Acting City Administrator/Clerk
Roll Call Vote:
Ayes -
Nays -
CITY OF SHOREWOOD this
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Barbara J
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,:/"#d~;::>y
ancel, Mayor
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LEGAL DESCRIPTION
"Tract C, also that part of east 452.6 feet of east-half of southeast quarter of Section
31, Township 117, Range 23 lying south of Smithtown Road and north of south 40
rods thereof except that part embraced within R.L.S. No. 1578".
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EXHIBIT A
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Exhibit B
SITE PLAN