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#05-3132 <br />July 18,2005 <br />Page 2 of 8 <br />Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but <br />not including any area occupied by the waters of a duly recorded lake or river or area <br />frequently under water which serves as a watercourse draining higher land on which <br />sustains emergent aquatic growth or area which has been dedicated as public right-of- <br />way. <br />Sec. 78-967. Exception, (b) Such grading and earth movement shall be subject to <br />approval by the building inspector at the time of issuance of a building permit, provided <br />that a plan showing proper drainage and protection of adjoining property has been <br />submitted. Where such earth movement is not being performed in conjunction with a <br />building permit, a separate land alteration permit shall be required. Any unusual land <br />alterations, including earth Ailing, removal or grading, proposed by a builder shall be <br />subject to a conditional use permit as provided for in this chapter. The following land <br />alterations shall be considered as unusual land alterations: <br />(2) Any additional All brought on site in excess of 500 cubic yards, except for <br />All required to raise grade for adequate frost footing protection, the intent <br />being that structures shall not be artiAcially raised above the preexisting <br />surrounding topography. <br />Sec. 78-1286. Topographic alterations/grading and Ailing. <br />(d)(2) For movement of more than 500 cubic yards of material within the <br />shoreland overlay district, condiAonal use permit approval by the city council is required <br />in addition to the required land alteration permit. <br />Lilt of Exhibits <br />Exhibit A - Applications <br />Exhibit B - Applicant’s Narrative <br />Exhibit C - Ha^ship Documentation Form <br />Exhibit D - Propos^ Survey <br />Exhibit E - Hardcover CalculaAon Woriesheets <br />Exhibit F - Proposed ElevaAons <br />Exhibit O - Proposed Floor Plans <br />Exhibit H - City Engineer Comments <br />Exhibit 1 - Aerial Photograph <br />Exhibit J - Adjacent Property Owner Acknowledgement Form <br />Exhibit K - Property Owners List <br />Exhibit L - Plat Map <br />BackgrowMl <br />Staff met with the applicant and owmer to review the proposal prior to their making an <br />application for a lot area variance. The applicants were advised that administrative <br />approval for lot area could be granted if at least 1.0 acres were determined to be dry <br />buildaUe land. Following a wetland delineation, it was detennined that less than 1.0 <br />acres of dry acreage exists, therefore a formal variance review must be conducted. <br />During the pre-application meeting the aj^licants proposed a grading plan that appeared