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AGENDA ITEM <br />Prepared By: mcc Reviewed By: LLO Approved By: <br /> <br />Existing Conditions Survey. The wall replacement approval may have been included in one of the previously <br />approved variances for the property. However, there is no record of a permit for the new boulder walls. The <br />approximately two-foot-tall boulder walls were replaced in a different location slightly further from the lake <br />than the timber border. The boulder walls are an expansion of the existing condition in footprint, location, and <br />height. The new boulder walls are 31 feet from the lake and 17 feet from the wetland where a 75-foot lake <br />setback and a 25-foot wetland setback are required; <br />g) The existing lake access stair is being replaced by a new stair 38 feet from the lake (this is a permitted <br />improvement). <br />h) The proposed driveway configuration has reverted back to the existing condition with a looped <br />design. The walkway to the pool area has also been modified; and <br />i) New hardcover expansions are proposed within the 75-foot setback including walkways, pool, and <br />pool patio where no hardcover is permitted. <br /> <br />5. Planning Commission Vote and Comment. On August 21, the Planning Commission held a public <br />hearing. Following the public hearing, the Planning Commission voted 5 – 0 on a motion for denial as <br />applied. The Commission provided specific feedback regarding the location of the pool. The Commission felt <br />that it was important that the pool meet the 75-foot setback from the main open water of Lake Minnetonka, <br />which resulted in the amended plans. Please review the minutes from the discussion (attached as Exhibit D). <br /> <br />6. Public Comment. No comments from the public were received on this application. <br /> <br />7. Staff Recommendation. Staff Planning Staff recommends denial. <br /> <br />COUNCIL ACTION REQUESTED <br />Direct staff to draft a denial resolution for consideration at the October 9th meeting. <br /> <br />Exhibits <br />A. Proposed Amended Plans <br />B. Hardcover Calculations <br />C. Original Plans <br />D. PC Minutes 08/21/2023 <br />E. 60-day Extension <br />F. PC Staff Report 08/21/2023 <br /> <br />References <br />PC Exhibits 08/21/2023 <br />A. Application <br />B. Practical Difficulties Documentation Form <br />C. Existing Survey <br />D. Proposed Survey <br />E. Proposed Survey – Annotated by staff <br />F. Proposed Plans and Elevations <br />G. Submitted Hardcover Calculations <br />H. Aerial Photos <br />I. Site Photos <br />J. Resolution No. 7013 and No. 7272 <br />K. Aerial Photo Retaining Wall Comparison <br />L. Property Owners List <br />M. Map