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/i <br />To: <br />From: <br />Date: <br />Chair Smith and Planning Commission Members <br />Ron Moorse, City Administrator <br />Michael P. Gaffron, Senior Planning Coordinator <br />March 12, 1998 <br />Subject:Proposed Zoning Code Amendment - <br />Staff Administration of Limited Types of Land Alterations on Lakeshore Property <br />List of Exhibits <br />A - Existing Code Sections:-10.03 Subd. 19 <br />-10.03 Subd. 21 <br />- 10.56 Subd. 16(J)(4) <br />- 10.55 Subd. 8,10,11 <br />B - Legal Notice <br />Proposed Code Revisions <br />The primary intent of this ordinance is to allow small amounts of filling/grading/excavation within <br />the shore setback zone (i.e. within 0-75' of Lake Minnetonka) without requiring a conditional use <br />permit. This change will be of benefit to residents who wish to perform very minor filling, <br />excavating, or grading within their lakeshore yards in amounts up to 10 cubic yards. <br />Under the current ordinance a Conditional Use Permit involving review by both Planning <br />Commission and Council is required for any land alterations within 75' of a lake. <br />Under proposed new ordinance, land alteration permits could be issued by staff for up to 10 c.y. of <br />earth movement for those projects which are determined by staff on a case-by-case basis to have no <br />negative impacts. Any project in the shore setback zone involving more than 10 c.y. would still <br />require a CUP, and staff would have the authority to refer to Council anv land alteration project <br />where negative impacts are anticipated, regardless of the amount of fill involved. <br />As a gauge of the impact of 10 cubic yards of fill, this is the equivalent of one 10-yard dump truck <br />load. This amount would cover a typical 100' by 75' lakeshore yard to a depth of 1/2 inch. <br />Section 10.03 Subd. 19 was recently reorganized for clarity (Ord. 163 2s.) with no substantive <br />changes in intent. Subd. 19(C) requires a CUP for all grading/filling/excavating activity on <br />lakeshore properties. <br />Section 10.03 Subd. 21 constitutes the "Exceptions" to the provisions of Subd. 19. As recently <br />revised, Subd. 21 limits to 500 c.y. the amount of land alteration allowed via staff permit.