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i « <br />!• <br />Subd. 19. Prohibition It is unlawful for any person to: <br />a. remove, fill, or use for fill, dredge, store or excavate rock, sand, gravel, dirt or <br />similar material within the limits of the City; <br />b.to fill or reclaim any land by depositing such material or by grading of existing land <br />so as to elevate or alter the existing natural grade; <br />c.or to build, alter, or repair any seawall, retaining wall, or to otherwise change the <br />grade or shore of lakeshore property without a conditional use permit issued by the <br />Council. <br />All of the above referenced land alterations involving filling and grading shall be performed with <br />only "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 />Subd. 21. Exception. The requirements of Subdivision 19 are not intended to govern: <br />the normal and customar y grading in the area of an existing or a newly constructed <br />building, or <br />b. the grading of a driveway serving such building, nor <br />c.to any movement under 100 cubic yards which does not advereely impact the existing <br />drainage. <br />Such grading and earth moving shall be approved by the Building Inspector at the time of issuance <br />of the building permit, providing that a plan showing proper drainage and protection of adjoining <br />property has been submitted. Any unusual earth filling, removal or grading proposed by a builder <br />shall be referred by the Building Inspector to the Planning Commission and the Council for action <br />in accordance to this Chap.er. The Building Inspector shall adhere to the following guidelines in the <br />determination of unusual land alterations: <br />1.All excavations for foundations in excess of 12 feet if any amount of the excess <br />material removed below 12 feet depth is to be stockpiled on site. <br />2.Any additional fill brought on site in excess of 100 cubic yards except for fill required <br />to raise grade for adequate frost footings protection. <br />H2290 Elaine and Steve Silus <br />3235 Casco Circle <br />Conditional Use Permit <br />11/17/97 <br />page~3