90-006
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RESOLUTION NO. 6-90
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
TO MINNETONKA PORTABLE DREDGING COMPANY, INC.
WHEREAS, Minnetonka Portable Dredging Company, Inc., (Applicant)
is the owner of real property located at 500 West Lake Street 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 has for many years provided dredging,
excavation, rip-rapping and related construction and other services for
residential and commercial lakeshore property owners in the City of
Shorewood and the surrounding Lake Minnetonka area; and
WH ERE AS, A pplicant presently operates said business on its
property pursuant to a non-conforming use permit issued by the City in
1964, which permit expires on December 31, 1989; and
WHEREAS, on May 22, 1989, after a comprehensive study and a
finding that there was a need for the kind of activity in the area
conducted by the Applicant, the City adopted an amendment to the Shorewood
Zoning Ordinance to permit the type of activity and service provided by
Applicant as a conditional use within the C-4, Service Commercial
District; and
WHEREAS, on December 11, 1989, after a review of the
comprehensive plan for the area in question and a finding that the
existing land uses in the area are appropriate for the area and even
"necessary for the enjoyment of the lake...", the City adopted an
amendment to the Shorewood Zoning Ordinance rezoning the subject property
from R-1A, Single Family Residential, to C-4, Service Commercial District;
and
WHEREAS, Applicant now applies for a Conditional Use Permit for
operation of its business pursuant to the conditions and requirements of
Section 1201. 23, Subd. 4f, of the Shorewood City Code; and
WHEREAS, the Applicant's request has been reviewed by the City
Planner, and his recommendations have been duly set forth in memorandums
to the Planning Commission dated October 30, 1989, and November 29, 1989,
which memorandums are 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 meetings
on November 7, 1989, and December 5, 1989, the minutes of which meetings
are on file at City Hall; and
WHEREAS, the Applicant's application was considered by the City
Council at their regular meeting held on December 11, 1989, at which time
the Planner's memorandums were reviewed, the minutes of the Planning
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Commission were reviewed, comments were heard from 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 is located in a C -4, Service
Commercial District.
2. That the business activities and services provided by the
A pplicant are permitted as a conditional use within the C -4 district.
3. That Applicant has for many years been engaged in commercial
and residential lake and lakeshore dredging, excavation, and related
construction and supplementary services.
4. That Applicant's activity serves a valuable purpose on the
lake, and there is a need for the activities and services provided by
Applicant to continue in order to properly serve the community.
5. That a continuation of the present uses of the land are 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
operation of commercial and residential lake and lakeshore dredging,
excavation and related construction and supplementary services is hereby
granted, subject to the provisions of City Code Section 1201. 23, Subd. 4f,
and the following additional conditions:
1. T hat the landscaping plan specify plant sizes of 3 feet and
half of the evergreen trees provided be between 5 and 6 feet high. That
landscaping at the south end of the property shall consist of 10 spruce
trees, no less than 6 feet in height, interspersed with buckthorn, and
spaced 10 feet apart. That all landscaping and grading shall be performed
in accordance with the schematic site plan and the landscape plans
attached hereto as Exhibits Band D.
2. That Applicant shall submit a bid from a certified nurseryman
based upon the attached landscape plan and provide a letter of credit in
an amount of 1. 5 times the amount of the bid, to extend and be in effect
for two growing seasons.
3. That to protect the landscaping from damage, Applicant will
install timber pilings 4 feet high connected by a steel cable, which
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pilings will be no more than 6 feet apart, with the cable to be installed
4 feet above grade.
4. T hat the 6 foot wood fence on the east property line shall be
extended to the southeast corner of the site and that a gate shall be
constructed to allow emergency access to West Lake Street.
5. That Applicant shall provide parking facilities as shown in
Exhibits Band C attached hereto, and Applicant shall provide evidence
that he has a permanent easement over the property to the south.
6. That the parking lot shall be paved, curbed and striped and
the driveway providing access to the parking lot shall be paved within one
( 1) year from the date hereof. T he A pplicant shall submit a bid from a
paving contractor to include all work necessary to complete the parking
area and driveway and provide a letter of credit in the sum of 1. 5 times
the amount of the bid. Approval shall be obtained from the City Engineer
and the Minnehaha C reek Watershed District for the drainage control plan
for the parking lot area.
7. Applicant shall obtain all necessary approvals and shall
comply with all laws, ordinances, and regulations of all regulatory bodies
having jurisdiction over the subject property, including the City of
Shorewood, the State of Minnesota, the Minnehaha Creek Watershed District,
the Department of Natural Resources, the Lake Minnetonka Conservation
District, and the local fire marshal.
. 8. This Conditional Use Permit shall be reviewed after a period
of one (1) year and no less than every three (3) years thereafter to
determine compliance with the provisions of the permit and to review
maintenance of the parking lot and the use of the property.
9. That this resolution, together with the Exhibits attached
hereto, be filed and recorded 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 CITY OF SHOREWOOD
this 8th day of January, 1990.
--.::!. ' .' ..: ~ T~. S:.: C... (tv /-'~n..:.I.<
.1lU).(.IlU l" v\.)~L~lL~L'/f-"
Laurence E. Whittaker
City Administrator/Clerk
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Roll Call Vote:
A yes -
Nays -
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Lot 25, "Auditor's Subdivision Number 313, Hennepin County,
Minnesota", except that part lying Westerly of the following
described line: commencing at the Southeasterly corner of Lot 24
thence South along the East line of said Lot 25 a distance of
24.30 feet; thence deflecting right 79025'40" a distance of
406.48 feet; thence deflecting right 94049'20" to a point on
the Southerly line of said Lot 25 which is the true point of
beginning of the line being described; thence continuing along
last described line to the shore line of Lake Minnetonka and
there ending and that part of Lot 24 lying westerly and
southwesterly of a straight line running from a point in the
South line of said Lot 24 distant 100 feet southwesterly at right
angles from the Northeasterly line of Lot 1, said subdivision to
a point on the Northwesterly line of said Lot 24 distant 75 feet
southwesterly at right angles from the Northeasterly line of said
Lot 1, said subdivision, all in "Auditor's Subdivision Number
313, Hennepin County, Minnesota", according to the plat thereof
on file or of record in the office of the Register of Deeds in
and for said County.
Subject to a 12 foot easement for road purposes, the center
line of which is described as follows: Commencing at the
Southeast corner of Lot 24 of said Auditor's Subdivision; thence
South along the East line of said Lot 25, a distance of 24.30
feet to the point of beginning of the line being described;
thence deflecting right 81039' a distance of 379.0 feet; thence
deflecting right 58052' a distance of 46.06 feet to a point on
the West line of above-described property and there ending as
shown in deed Doc. No. 1052891, Files of Registrar of Titles.
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