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t <br />zone where 2,753 s.f. (25%) is permitted). <br />4. Section 10.56, Subd. 16 (J)(2): Grading and filling of more than 10 cubic yards within <br />75*: Grading, filling or excavating of more than 10 cubic yards is prohibited within 75’ of the <br />Ordinary Hi^ Water Level of public waters. (Request: grading and filling within 75’ of the <br />OHWL of Lake Minnetonka where no grading nor filling is permitted). <br />PLANNING COMMISSION: <br />Plarming Commission recommended by a 4 to 2 vote to: <br />Approve the variances for lot area, lot width, hardcover only in the 0-75’ setback zone, and grading <br />and filling within 75’ of the OHWL of Lake Minnetonka and deny the variance for hardcover in the <br />75’ to 250’ setback zone, with the following conditions: <br />1. Application for combination of lots 3 and 4 must be r.v de prior to issuance of a building <br />permit; <br />2. The grading plan should show a defined swale along the northwest lot line to take storm <br />water towards the lake and away from 1270 Spruce Place; <br />3. Grading should be coordinated with the proposed development at 1300 Spruce Place so <br />that drainage from both parcels is directed towards the street or the lake; <br />4. Driveway grades should be shown on the plans and should not exceed 10%; <br />5. There are currently water and sewer services provided to each property, only one of which <br />will be needed for the new home. The unused sewer service should be removed to the <br />City right of way and sealed to prevent infiltration into the sanitary sewer system. The old <br />water service should be abandoned and the curb stop shut off. Sewer and water removals <br />must be inspected and approved by the City ’s public works department; <br />6. Erosion control should be installed, inspected and approved prior to any work on site; and <br />7. A site plan meeting the 25% hardcover limit shall be submitted and approved by the staff <br />prior to building permit approval. <br />The majority of the Planning Commissioners agreed that no suitable hardship could be identified <br />to support a variance for excessive hardcover in the 75’ to 250’ setback zone for new <br />construction. <br />STAFF RECOMMENDATION: <br />To approve the enclosed resolution. <br />COUNCIL ACTION REQUESTED: <br />To adopt or amend the enclosed resolution. <br />. j <br />U <br />i