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M04-3042 October 18, 2004 Pftge 3 of 4 List of Exhibits Exhibit A - Applications Exhibit B - Applicant ’s Narrative Exhibit C - Grading Approved w/Building Permit Exhibit D - As-Built Grading Permit w/Fill Calculations Exhibit E - Memo from Building Official Exhibit F - Memo from City Engineer Exhibit G - Letter from neighbor at 1595 Bohn ’s Point Road Exhibit II - Copy of Temporary Certificate of Occupancy Exhibit I - Photographs Exhibit J - Property Owner ’s List Exhibit K - Plat Map Background Exhibit E outlines the events that have occurred on this site up until this point. Generally, the Building Official maintains that a site plan was approved at the building permit stage, that plan was not followed, and prior to getting a resolution on the grading a temporary Ceilificatc of Occupancy was issued to permit the home to participate in the Parade. That temporary Certificate of Occupancy, attached as 1 xhibit G, stipulated that a final CO would not be issued until the grading issues have been resolved. I'he home is now occupied and the owners are aware of the grading problems and the potential changes that may be required. A final CO will be issued upon a resolution on this application. % Conditional Use Permit Analysis .Section 78-1250 of the Zoning Ordinance states that conditional uses, specifically w'ithin the Shorcland area, arc evaluated based on the following criteria; (1) Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation and soils conditions on the site must be made to ensure: a. The prevention of soil erosion or the possible pollution of public waters, both during and after construction; The required grading improvements would be on the north and south sides of the home, not the lake yard. During these improvements the applicant would be required to install and maintain .\ilt fences in an attempt to prevent soil erosion and pollution into Lake Minnetonka b. The visibility of structures and otlier facilities as viewxrd from public waters is limited; Not applicable. The areas of the property where the grade needs to he corrected are not viewable from the lake. c. The site is adequate for water supply and on-sitc sewage treatment; and The property is in excess of 1.5 acres and served by public sanitary sewer. V