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Issue for Discussion <br />The application made by Mr. Hoyt is only for the retaining wall. The recommendation of denial was <br />based on the conclusion that the retaining wall does not comply with all requirements of the Code. <br />No after-the-fact permit has been received for the regrading required for the wall and variances for <br />the hardcover within 75’ of the lakeshore. <br />Planning Commission Recommendation <br />The Planning Commission has recommended denial of the application for a conditional use permit <br />because vari?nces required have not been applied for. The Planning Commission commented that <br />a hardship may be difficult to demonstrate based on the total hardcover and other unresolved issues. <br />Staff Recommendation <br />Staff Recommends the application for an After-the-Fact Conditional Use Permit be denied or if the <br />applicant requests to table and revise the application: <br />Approval for a conditional use permit per Municipal Code Section 10.03, Subdivision 19 requires <br />the project to meet all other provisions of the Municipal Code. Variances are required to permit <br />hardcover within 75' of the OHWL of 929.4' designated for Lake Minnetonka. 1) Section 10.22, <br />Subdivision 2 (Regulations for the Lakeshore Residential Districts), 2) Section 10.55, Subdivision <br />8 (Flood Plain and Wetland Management) and 3) Section 10.56, Subdivision 16 (L) do not permit <br />hardcover within the 75’ setback zone. If the applicant wants to proceed with the request they must <br />make an application for variances, and it is Staffs position additional land alteration occurred on the <br />property simultaneously with construction of the retaining walls. Any land alteration would require <br />additional permits. <br />Staff is again requesting the applicant provide the following information and application: <br />1. <br />2, <br />3. <br />Variance applications for hardcover within the 75’ lakeshore setback. <br />Information regarding the property conditions prior to construction of the wall. This <br />information should include plans submitted to the contractor, photos and site survey. <br />Information relating to the contractor and plans the contractor used for the project. <br />All the above information is required for a detailed review of a variance application. <br />COUNCIL ACTION REQUESTED: <br />Motion to direct staff to draft a resolution to be adopted by the Cit>' Council at the next available <br />meeting.