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within 5' of the property line requires a conditional use permit which has not been applied for or <br />properly noticed to adjacent property owners. If the wall is located on the County right-of-way or <br />if the wall needs will be constructed from the County Rd. 15 side, Hennepin County must review <br />and approve it. No information has been submitted by the applicant from the County. Staff has been <br />unsuccessful in securing the County's comments prior to printing of the staff report. The Zoning <br />Code is clear in its purpose and intent in dissuading vegetative cover and tree removal in the <br />shoreland setback. <br />STAFF RECOMMENDATION <br />Staff recommends that the Planning Commission review the information submitted and provide the <br />applicant with direction regarding whether they would favor encroachment into the 0'-75' setback. <br />If so, then the Commission should direct the applicant to prepare a survey and engineered drawing <br />of a retaining wall with a landscaping plan. Applicant should also contact Hennepin County and <br />provide staff with the County' recommendation. <br />The Planning Commission should then table this application until the applicant is able to provide <br />the required information. The applicant shall also provide a written statement that he agrees to a 60 <br />day extension. <br />Attachments <br />A Application <br />B Plat Map <br />C Topo map <br />D Survey <br />Dl-2 Hardcover Worksheets <br />E Sketch of Retaining Wall <br />F Photos <br />G Permit Record <br />H Notice of Incomplete Application <br /># 235 7 Kent and Susan Whitworth <br />1425 Bay Ridge Road <br />4/20/98 <br />page---5