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has occured, it is required permits be issued. If no permits are issued the property must be returned <br />to the condition as shown on the 1990 survey. <br />The most recent survey indicates the slope has been regraded creating a flat area on the lakeside of <br />the boulder retaining wall, and the shoreline has been filled to extend into the rip rap approximately <br />5-10 feet into the lake. The surveys indicate the 929.4' shoreline has been extended into the lake. <br />Based on the surveys the following is a list of the ordinances which we believe have been violated <br />when grading and retaining wall work was done. <br />Code Section <br />10.03 <br />subdivision 19. Land Alteration; Prohibition. It is unlawful for any person to <br />perform or have performed the following land alteration activities without a conditional use permit <br />issued by the Council: <br />B. <br />C. <br />Fill or reclaim any land by depositing such material or by grading of <br />existing land to elevate or alter the existing natural grade. <br />Build, alter, or repair any seawall, retaining wall, or otherwise change <br />the grade or shore of lakeshore property. <br />All of the above-referenced land alterations involving filling and grading shall be performed only <br />with "clean fill" as defined in Section 10.02. Granting of such permits is subject to other regulations <br />and prohibitions of the City Code, and other applicable statutes or ordinances of other governmental <br />bodies. <br />Subdivision 21. Land Alteration; Exception. The requirements of Subdivision 19 <br />are not intended to govern the following land alteration activities: <br />1. <br />2. <br />Normal and customary grading in the area of an existing or a newly <br />constructed building, or the grading of the driveway serving such building. <br />Any earth movement under 500 cubic yards which does not adversely impact <br />the existing drainage. <br />10.55 <br />Subd. 8. Development Restricted; Prohibition. Except as hereinafter specifically <br />permitted, no filling, grading, dredging, excavation, hardcover, temporary or permanent structures, <br />obstructions, septic systems, well or other construction shall be allowed within the Flood Plain and <br />Wetlands Conservation Area; nor on any lands within 26 feet thereof; nor on any land within 75 feet <br />of the ordinary highwater elevation of any lake shoreline, nor on land abutting, adjoining or affecting <br />said area if such activity upon those adjacent areas is incompatible with the policies expressed in this <br />Section and the preservation of those conservation areas in their natural state. <br />U2540 Bradley A Hoyl <br />Conditional Use Permit <br />1 1/15/99 <br />Pag€ 2