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( • <br />16 (JX5Xh) to permit replacement of existing retaining walls and stairs within 75 ’ of the OHWL of <br />Lake Minnetonka with 524 s.f. (4.6%) hardcover within the 0-75’ setback zone where none is <br />permitted; grading, filling and excavating of more than 10 cubic yards within 75 ’ of the OHWL <br />where no more than 10 cubic yards is permitted; and placing fill in a bluffimpact zone where no fill <br />is permitted. Approval is subject to the following conditions: <br />1. <br />2. <br />3. <br />4. <br />Council approval is based on the site plan submitted by the applicants as attached to <br />this resolution as Exhibit A, subject to submittal of the following information to be <br />provided by the applicant for review and approval by the City Engineer and City staff <br />prior to issuance of a Land Alteration Permit for the project: <br />a. A detailed plan and profile design, including sections on either side of the <br />stairway and profile showing how plantings will screen the hardcover from the <br />lakeside. Plans should include existing structures, lot lines, proposed and existing <br />contours, location of boulder walls, etc.; and <br />b. A detailed erosion and sediment control plan. <br />Any further amendments to the site plan may require further Planning Commission <br />and City Council review. A Land Alteration Permit shall be obtained by the <br />applicant prior to any work related to this application. <br />Approval is further conditioned on the following: The existing deck within the 0-75’ <br />setWk zone requires structural repairs and will not be permitted to be replaced once <br />it has been removed. <br />Authorities granted by this variance run with the property not with the applicants, <br />but are permissive only and must be exercised by application for a building permit <br />within one year of the date of Council approval, or these variances will expire on <br />that date (June 9,2004). <br />Violation of or non-compliance with any of the terms and conditions of this <br />variance shall constitute a violation of the zoning code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a misdemeanor. <br />Page 3 of 5