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06-096 CITY OF SHOREWOOD RESOLUTION NO. 06-096 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO PLACE FILL IN EXCESS OF 100 CUBIC YARDS FOR TIM AND MELIA LIESTER WHEREAS, Tim and Melia Liester (Applicants) are the owners of real property located at 26355 Oak Ridge Circle, in the City of Shore wood, County of Hennepin, legally described as: "Lot 11, Block 1, Oak Ridge Estates"; and WHEREAS, the Applicants have applied to the City for a Conditional Use Permit to place up to 900 cubic yards of fill in order to construct a swimming pool 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 Applicants' request was reviewed by the Planning Director, and his recommendations were duly set forth in a memorandum to the Planning Commission, Mayor and City Council dated 7 November 2006; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 14 November 2006, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicants' request was considered by the City Council at their regular meeting on 27 November 2006, at which time the Planner's memorandum and the minutes of the Planning Commission meeting 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-IA, Single-family Residential zoning district and contains approximately 40,782 square feet of area. 2. The proposed fill will be contained by a retaining wall and will be used to level off the rear yard of the Applicant's property and remove unsuitable soils in order to accommodate a swimming pool. 3. The area of fill shall be limited to that which is necessary to correct the soils for construction of the swimming pool. CONCLUSION a. The application of Tim and Melia Liester for a Conditional Use Permit as set forth hereinabove be and hereby is granted. b. Final grading shall be subject to approval by the City Engineer. c. Erosion control measures must be in place prior to filling. d. The timing of the hauling of the fill shall be subject to the approval of the City Public Works Director. f. 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 Shore wood this 27th day of November, 2006. oj{; ATTEST: Woody Love, Mayor -2-