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M5-3I00 <br />J um20,2005 <br />PagtSofS <br />was denied at 4753 North Shore Drive - Minnetonka Custom Homes). Staff feels <br />a formal easement allowing the wall over the lot line would most cleanly address <br />the ownership and maintenance issue, should that part of the wall fail in the future <br />and new owners no longer understand the original agreement or intent of the wall <br />design. No formal easement has been proposed by the applicant, but rather an <br />agreement, which is attached as Exhibit E. <br />A specific screening plan hasn ’t been requested or submitted. Does the Planning <br />Commission want to see a screening plan? <br />Issues for ConsMcratlon <br />1. Should the grading plan include the requirement of a rain garden, or similar <br />physically graded landscape feature, which would prevent erosion of the lakeshore <br />ya^ and subsequently negative impacts to the lake? <br />2. Is the Planning Commission comfortable with the agreement submitted regarding the <br />encroaching retaining wall? <br />3. Should a wall screening plan be submitted as part of the conditional use permit? <br />4. Are there any other issues or concerns with this application? <br />Staff Recommendation <br />1. Approval of the requested lot area and lot width variances. <br />2. Approval of die conditional use permit to allow retaining walls and grading within <br />S’ of the lot line, however the plan submitted and attached to this report as Exhibit <br />A must be revised prior to Council review pending conclusions by the <br />Commission regarding the following: <br />Requirement of a rain garden or an alternate graded landscape feature that <br />will sfKcad water out over a wider area i^ere the swales converge on the <br />lake side of the walls, rather than concentrating the water at the end of the <br />swales to a single point. <br />• The wall design should be revised on the grading plan whereby the tail <br />end of the wall extends over the lot line. The length of this wall ^uld be <br />minimized. <br />Agreement with adjacent property owner on the ownership and <br />maintenance of the wall constructed over the lot line, <br />Screening of the walls from the lake. <br />rt ■