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«04-2969 <br />Jane 20,2005 <br />Page I ofi <br />Date Application Received: 12* 17-03 <br />Date Application ConiWered a» Complete: I -8-04 (for variance): 5-9-05 (for CUP) <br />60-Day Review Period Espires: Applicant extended the 60-day review period indefinitely as it <br />specifically relates to the CUP for 0-75' land alterations. The purpose of this was to find a landscaper who <br />could draft plans the City Engineer would accept. A resolution has already been approved regarding the <br />variance. <br />To:Chair Rahn and Planning Commission Members <br />Ron Moorse, City Administrator <br />From: <br />Date: <br />Janice Gundlach, City Planner^ <br />June IS, 2005 <br />Subject:04-2969, Terry A Gretchen Blount, 1390 Cherry Place <br />Conditional Use Permit - 0-7S’ Land Alterations, Public Hearing <br />Zoniog District: <br />Lot Area: <br />Ut Width: <br />LR - 1B, One Family Lakesucre Residential District (1 acre min.) <br />0.527 acres (22,957 s.f.) <br />100 feet (140 ’ required) <br />AppUcatioH Summary: Applicant requests a conditional use permit to allow land <br />alterations within 75’ of the OHWL of Lake Minnetonka. The proposal includes removal <br />of the existing railroad tie retaining wall and replacement with two tiered 4 ’ high boulder <br />retaining walls and a planting plan. <br />St^ff Recommendation: Staff recommends approval of the plan as submitted in <br />accordance with the City Engineer recommendation._____________________ <br />Pertinent Zoning Ordinance Sections <br />Sec. 78-966. Prohibition, (a) It is unlawful for any person to perform or have performed <br />the following land alteration activities without a conditional use permit issued by the <br />council: <br />(1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt <br />or similar earth material within the limits of the city. <br />(2) Fill or reclaim any land by depositing such material or by grading of <br />existing land to elevate or alter the existing natural grade. <br />(3) Build, alter or repair any seawall or retaining wall, or otherwise change the <br />grade or shore of lakeshore property. <br />(b) All land alterations involving filling and grading shall be performed only <br />with clean fill as defined in section 78-1. Granting of such permits is subject to other <br />regulations and prohibitions of this Code and other {qjplicable statutes or ordinances of <br />other governmental bodies. <br />(Code 1984, § 10.03(19); Ord. No. 163 2nd series, § 1,12-8-1997) <br />List of ExUbits <br />Exhibit A - Application <br />Exhibit B - Survey <br />i