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! • <br />% <br />i ^ <br />i .1 <br />. '-..V *■ <br />125 ’ at the 75* setback from the OHWL of Lake Minnetonka where 1.0 acre and 140’ arc <br />normally required but will meet all additional zoning requirements, and grading within <br />75 ’ of the OHWL of Lake Minnetonka to allow for removal of the existing home and <br />boat house and grade restoration, subject to the following conditions: <br />1. Council approval is based on the site plan submitted by the applicants and <br />annotated by City staff, attached to this Resolution as Exhibit A. Any <br />amendments to the site plan which are not in conformity with City codes will <br />require further Planning Commission and City Council review. <br />2. Hardcover in the 0-75 ’ zone shall not increase above the level of 415 s.f. or 6.1% <br />to account for the lake side stair. Hardcover in the 75 ’-250 ’ zone shall be limited <br />to 3,500 s.f. or 25% per the proposed plan and hardcover allowance summary as <br />depicted on Exhibit A. Applicants are advised that any future requests to increase <br />hardcover or change the natiue of existing/approved hardcover shall require City <br />approval, and increases in hardcover will not likely be approved without <br />concurrent reduction in existing hardcover. <br />3. Applicants shall remove all plastic or fabric liner material from the decorative <br />landscape beds on the property to ensure their permeability as non-hardcover <br />surfaces. <br />4. Required removals of the boathouse, additional structure and hardcover shall be <br />completed by June 1, 2006, but in no case shall a final Certificate of Occupancy <br />be issued for the new home before such removals are completed and grades are <br />restored. <br />5. Authorities granted by this resolution run with the property not with the <br />ai^licants, but are permissive only and must be exercised by obtaining a building <br />permit for the new construction within one year of the date of Council approval, <br />or the variance and conditional use permit will expire on that date (July 11,2006). <br />6. Violation of or non-compliance with any of the terms and conditions of this <br />resolution shall constitute a violation of the zoning code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a misdemeanor. <br />7. The undersigned applicants have read, understand and hereby agree to the terms <br />of this resolution and on behalf of the applicants and the applicants ’ heirs, <br />3 <br />Page 3 of 5