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Request for Council Action continued <br />page 3 <br />September 8. 1994 <br />#1944 Bradley and Dina Etherington, 4055 Elm Street <br />The property is served by municipal sewer and the three lots have been assessed a third <br />unit for a total of one sewer unit. The assessment has been paid. The lot has steep topographies <br />but not so steep as to suggest any difficulty in constructing a residence. Review Exhibits M and <br />P. The Engineer has reviewed the preliminaiy drainage plan and reaffirms the use of <br />underground tiles carrying drainage to the street and away from adjacent properties. The <br />undergroufxl tile system will minimize the removal of trees on the property which would be the <br />case if swales were to be installed. The Engineer has met again on the site with City staff to <br />review any concerns with the proposed location of the driveway, Gustafson confirms that the <br />percentage of slope will be 20% but sees no problem with the proposed location. In fact, it will <br />minimize the removal of trees in the street yard. <br />Review Exhibit E. The property owners at 594 Park Lane and 615 Minnetonka <br />Highlands Lane have raised several concerns concerning the accuracy of the current survey. <br />Note the encroachment of the shed on the Laue property at 594 Park Lane. In the Wile memo <br />of September 2, 1994, they note discrepancy in a setback shown in the 1976 survey and the <br />current survey. Review the enlargement of that survey. Exhibit O. Note the setback is at 42.4’. <br />The current survey shows that residence at 42.2’. Note the staircase and the upper deck at 41.7’ <br />were not shown on the original survey of 1976. They are apparently later additions. <br />Review Exhibit K. Note the survey of 615 Minnetonka Highlands is not an as-built <br />survey but rather a proposed location for a house. Staff sees no concern with the issues raised <br />by the property owner to the immediate east. As for the property owner to the west, the Laues <br />had announced at the August 15th Planning Commission meeting that there had been some field <br />survey work done recently that reaffirmed their concern that the lot line was not correct. Cn <br />September 2nd. the Laues asked for additional time before the City made any final <br />recommendations on the current variance application until they could provide an updated survey <br />as their surveyor had been away on vacation and were unable to meet the S^tember 2nd <br />deadline. <br />The Etheringtons have met all requirements of the Planning Commission at their August <br />meeting. Please review Exhibit O. Hiey ask that Council act on their variance application <br />because of the time of year and the need to proceed with construction before the colder weather. <br />Planning Commission Recommendation <br />The Planning Commission unanimously voted approval of the renewal variance <br />application, subject to the following conditions: <br />1. Legal combination of Lots 7. 8 and 9 prior to the issuance of a building permit <br />for new construction. <br />1