07-063CITY OF SHOREWOOD
RESOLUTION N0.07- a63
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
TO PLACE FILL IN EXCESS OF 100 CUBIC YARDS FOR
DEBRA AND TOM MAHONEY
WHEREAS, Debra and Tom Mahoney (Applicants) are the owners of real property
located at 6150 Deer Ridge, in the City of Shorewood, County of Hennepin, legally described as:
"Lot 2, Block 1, Deer Ridge"; and
WHEREAS, the Applicants have applied to the City for a Conditional Use Permit to
place up to 1800 cubic yards of fill to raise and level off the rear yard 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 30 August 2007; and
WHEREAS, the Applicants' request was reviewed by the City Engineer, and his
recommendations were duly set forth in a memorandum to the Planning Director, dated 30
August 2007, 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 4 September 2007, 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 24 September 2007, at which time the Planner's memorandum, the City 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:
FINDINGS OF FACT
1. The subject property is located in the R-1C, Single-Family Residential zoning
district and contains approximately 53,503 square feet of area.
2. The proposed fill will be contained by a terraced masonry retaining wall and will
be used to level off the rear yard of the Applicant's property.
3. The area of fill shall be limited to that which is shown on Exhibit A, attached
hereto and made a part hereof.
4. The design of the proposed retaining walls has been addressed by Michael R.
Johnson, Civil Solutions Group, LLC, a registered professional engineer, whose
recommendations are set forth in a memorandum to the applicant's contractor, dated 7 August
2007, a copy of which is on file in the Shorewood City Offices.
CONCLUSION
a. The application of Tom and Debra Mahoney for a Conditional Use Permit as set
forth hereinabove be and hereby is granted.
b. The fill and retaining wall shall be constructed in accordance with the
recommendations of Civil Solutions, LLC and the recommendations of the City Engineer.
c. The retaining wall shall be constructed so that no portion of either tier exceeds six
feet above grade in height. The applicants shall submit revised plans illustrating how this will be
accomplished.
d. Final grading shall be subject to approval by the City Engineer.
e. Erosion control measures must be in place prior to filling.
f. The applicants shall submit a landscape plan, prepared by a registered landscape
architect, addressing the issues raised in the Planning Director's memorandum. The plan shall
show proposed grading and provide for the protection of trees adjoining the project. The
landscape plan shall be subject to review and approval by the Planning Director.
g. The applicants shall provide bids for the approved landscaping. A letter of credit
or cash escrow for one and one-half times the bid amounts shall be provided by the applicants.
The security shall be in place for two growing seasons.
h. A wrought iron style fence shall be placed five feet inside of the upper tier of the
retaining wall.
i. The applicants shall provide a letter of credit or cash escrow in the amount of
$5000 as assurance that any damage to the public street caused by construction traffic shall be
repaired.
j.. 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.
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ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 24th day of September,
2007.
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Christine Lizee, Mayor
ATTEST:
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Craig W. I_)uwson, City Administrator/Clerk
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