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Zoning File #1591 <br />October 12, 1990 <br />Page 2 of 2 <br />Discussion - <br />The grading completed to date on the site generally includes <br />grading associated with the house and with the pool. Additional <br />grading work in excess of 100 cubic yards is generally necessary <br />for drainage redirection and protection of the mound system, <br />however, the extent of the grading and fill work was such that <br />staff felt that a conditional use permit was in order. All of <br />the gradim work for this application is outside the 0-75' <br />protected ^.one. <br />Planning Commission is advised that the applicant did <br />initially do grading work in the 75' protected lakeshore zone <br />involving 0-3' of earth removal in order to provide a more <br />gradual slope to the lake. This work was discovered the same day <br />it was initiated, all work was stopped, tags were issued, and <br />the property owner was ordered to restore and sod the 0-75' zone <br />to its original grades and condition, which was subsequently <br />completed to staff's satisfaction. <br />Although no topographic map of the pre-existing condition <br />was available, staff members had viewed the site both before and <br />after the illegal grading work, and staff is satisfied with the <br />restoration. The 0-75' zone was sodded directly after grades <br />were restored. <br />The 0-75' grading work was done without approvals even <br />though staff had informed the applicant in a letter last December <br />that such work would require a conditional use permit. The <br />property owner has choosen not to pursue the conditional use <br />permit and will live with the grades in the 0 75' zone as <br />restored. Note that the property owner did pay the fines <br />associated with the violation citations. <br />Staff Recommendati->n - <br />Staff recommends approval of a conditional use permit for <br />grading work outside the 0-75' zone as proposed, per the <br />recommendations of the City Engineer.