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■kr: <br />m-' <br />PLANNING COMMISSION MEETING HELD MARCH 18, 1991 <br />(#9)ZONING FILS #1627-MCCLOUD CONTINUED <br />support system. He is suggesting that the walls with a height <br />exceeding three or four feet be lowered and that some interior <br />walls be added. The City Engineer has indicated that the <br />stability of the existing walls is questionable. He also stated <br />that the lower walls would be easier to screen from the lake." <br />DeLaittre stated that there is a protected wetland that <br />exists from the Minnetonka Power Squadron property to Mr. <br />McClouds. He said, "Ihe 1987 storm washed out the existing <br />stairway and took out two trees. A major portion of the hill <br />washed away, leaving a bowl shaped depression. Following that, <br />Mr. McCloud hired a contractor to build an addition on the cabin, <br />and the contractor suggested that the bank should be restored <br />with a retaining tvall system. He informed Mr. McCloud that he <br />would obtain all the necessary permits. We found out, <br />after-the-fact, that he had not obtain the permits. The <br />structure is presently in place, and we believe it does control <br />the erosion on the property. This structure does meet the intent <br />of the City's Hardcover Ordinance, in that it allows water to <br />percolate into the ground. The horizontal members of decking do <br />have spaces in between them, which allows the rain to filter <br />through. The stairway was constructed in a zig-zag manner to <br />limit the distance one would fall if that were to occur. There <br />is quite a bit of vegetation that would screen the structure from <br />the lake in the Summer. The structure has a natural wood color. <br />Because of the sharp drop on the hill and the terracing of <br />retaining walls, the railings on the top and second level serve a <br />safety purpose. Without the railings, someone could fall off the <br />edge and fall quite a distance. There were no complaints from <br />the neighboring property owners about this structure, and I do <br />not believe there have been any since then. Mr. McCloud does <br />have a fairly significant financial stake in this structure, and <br />would like to receive approval for it to remain." <br />Hanson questioned whether McCloud would have any recourse, <br />financially, through the contractor. <br />DeLaittre replied, "Mr. McCloud has tried to contact the <br />builder, but has been unable to locate him." <br />Bellows stated that she could not possibly approve such a <br />structure in this location. She said, "I am sorry, but I believe <br />it is an owner's responsibility to make sure that a contractor <br />has in fact obtainad the necessary permits. The City requires <br />permits to be posted on the construction site. I believe this <br />structure is extremely over-built and appropriate. It should be <br />cut back to provide a minimum stairway access and w.hatever <br />retaining walls are necessary to support the bank." <br />Hanson stated that he totally agreed with Bellows. <br />- 16 - <br />r iiilMMifitififiliiTiiii mill III I I ■ai ifirfti H '