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FILE#LA18-000102 <br /> 22 Jan 19 <br /> Page 6 of 7 <br /> proposed grading and improvements must not substantially impair the use and <br /> enjoyment of the properties in the area when compared to the impairment or impact of <br /> generally permitted uses. The result of the proposed grading will not change the <br /> intended residential use of the Property so there should be no change in the use and <br /> enjoyment of adjacent properties resulting from the export of fill materials. However, <br /> activity of importing approximately 315 cubic yards of fill and active grading of the <br /> Property during construction can have a temporary adverse impact on neighbors. The <br /> grading work on the Property as well as the forthcoming construction of the proposed <br /> home could result in additional noise, dust, vibration and traffic on the haul routes and <br /> immediate neighbors. To the degree possible, negative impacts should be limited and <br /> mitigated. <br /> 5) The use will not impose additional unreasonable costs on the public;the will be <br /> responsible for keeping debris off of the public roadways.The noise resulting from <br /> the trucks hauling and equipment moving the material in and around the site <br /> should be minimized to the extent possible. The grading and construction project <br /> will be monitored by the City Engineer and planning staff so as to minimize <br /> nuisances during the project. <br /> 6) The date or event that will terminate the use can be identified with certainty;the <br /> conclusion of the grading activity will coincide with the finalization of the <br /> construction of the proposed home on the property.An as-built survey will be <br /> submitted to confirm conformance with the approved grading plan at the closing of <br /> the permits. <br /> 7) And the applicant agrees in writing to any conditions that the city council deems <br /> appropriate for the use, including a requirement for a financial security to ensure <br /> removal of all evidence of the use upon termination, and restoration of the site to <br /> prior or better conditions.The conditions shall be set forth in a development <br /> agreement between the property owner and the city,which agreement shall be <br /> recorded with the Hennepin County Recorder or Registrar of Deeds.The conditions <br /> of approval will be documented as required. <br /> Practical Difficulties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B,and <br /> should be asked for additional testimony regarding the application. <br /> Practical Difficulties& Interim Use Permit Analysis <br /> Staff finds practical difficulties inherent to the property's shape, size, and orientation which <br /> support the requested variances for lot area, lot width, and average lakeshore setback, and <br /> possibly hardcover to some extent based on the length of the driveway and the shape of the lot. <br /> Regarding the IUP, the proposed plan conforms to the standards of IUP review, the grading <br /> activity will be tied to the building permit. <br /> Engineer Comments <br /> The grading plan will be given a cursory review prior to the City Council's review of the application <br /> and thoroughly at the time of the building permit. <br /> Public Comments <br /> Comments from the public have been received and are included as Exhibit J. <br />