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12. The City Council had the application on the February 14, 2000 agenda. Mr. Rick <br />Sheridan, applicant’s attorney, appeared and asked for an extension to the application <br />deadline to March 31,2000. The intent of the extension to the end of March was to <br />permit the applicant to submit further information for review by the Planning <br />Commission on March 20, 2000. No additional information or application was <br />submitted by the applicant. <br />13. The granting of after the fact variances require a hardship being inherent to the <br />property. An after the fact variance application has not been received and no <br />supporting documentation has been submitted to support the applicant’s position that <br />the preexisting condition of the property would require a retaining wall to prevent <br />erosion. <br />14. The granting of the requested retaining wall structure and hardcover as a conditional <br />use permit w ould be contrary to the provision of the Municipal Code Section 10.09, <br />Subdivision 6 because the after the fact conditional use permit doer not comply with <br />each of the applicable provisions of the Zoning Chapter. The following sections of <br />the Zoning Chapter prohibit the retaining wall structure and hardcover within 75' of <br />the OH WL of Lake Minnetonka. <br />A. <br />B. <br />Section 10.22, Subdivision 2 (Regulations for the Lakeshore Residential <br />Districts) Prohibits hardcover within 75’ of the OHWL of Lake Minnetonka. <br />Section 10.55, Subdivision 8 (Flood Plain and Wetland Management) <br />Prohibits land alteration and hardcover w ithin 75' of Lake Minnetonka. <br />C.Section 10.56, Subdivision 16(L)(Shoreland Ordinance) Prohibits hardcover <br />within 75' of the OHWL of Lake Minnetonka. <br />15. The City Engineer reported that in his opinion... <br />16. The Comprehensive Plan stales natural vegetation will be preserved on slopes and <br />retaining walls will be discouraged except when absolutely necessary to prevent <br />erosion, in which case they will be screened with natural vegetation. <br />Page 5 of 11