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directly affect the water quality of Lake Minnetonka. Development density <br />will be limited to a level which will not overload the natural surface water <br />drainage an filtration system. Direct runoff into the Lake will be avoided <br />whenever possible. <br />B. Retention of natural vegetation will limit the impact of urbanization as visible <br />from the lake. Minimum green belts will be provided with prohibitions <br />against clearrutting or e.xcessive thirming of vegetation. Natural vegetation <br />will be preserved on slopes and retaining walls will be discouraged except <br />when absolutely necessary to prevent erosion, in which case they will be <br />screened with natural vegetation. <br />7. After the fact variances and a conditional use permit are required for the retaining <br />wall. The applicant has submitted an application only for a conditional use permit. <br />Approval for a conditional use permit per Municipal Code Section 10.03, <br />Subdivision 19 requires the project to meet all other provisions of the Municipal <br />Code. \'ariances are required to permit hardcover within 75' of the OHWL of929.4' <br />designated for Lake Minnetonka. 1) Section 10.22, Subdivision 2 (Regulations for <br />the Lakeshore Residential Districts), 2) Section 10.55, Subdivision 8 (Flood Plain <br />and Wetland Management) and 3) Section 10.56, Subdivision 16 (L) do not permit <br />hardcover within the 75' setback zone. The applicant was given an opportunity to <br />amend the land use application to include after the fact variance for the structure and <br />hardcover. .A letter was delivered to the applicant (attached as Exhibit A) on <br />December 13. 1999 describing the information requested by the Cit>'. <br />8. A letter dated January 6,2000 by Thomas J. Barrett, City Attorney (Exhibit B) was <br />delivered to the applicant's attorney to further address the steps necessar>' to present <br />its case for a variance from the Municipal Code. <br />9. The application was first reviewed by the Planning Commission on November 15, <br />1999 and the Planning Commission recomm.ended denial of the conditional use <br />permit request based on Section 10.09 of the Municipal Code which requires <br />conditional use pennits to meet all other provisions of the Municipal Code. No <br />information had been made available to the Planning Commission to review the <br />preconstruction conditions on the property. <br />Page 3 of 11