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g. The Applicants have proposed to install native plant materials within the 16.5 ' wetland buffer as required as well as additional areas of the Property in order to mitigate for some of the additional hardcover. h. The proposed footbridge over Stubbs Bay Creek 1s not proposed to accommodate any vehicular traffic. 1. With 10% structural coverage , the proposed residence is below the structural lot coverage limitation of 15%. 4. Further, the Planning Commission reviewed this application at public hearings held on October 19 and November 16 , 2009 and recommended approval of the conditional use permit for creek bank stabilization based on the following finding : a. The Applicants will comply with the Minnehaha Creek Watershed District's regulations. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district ; that granting the variance would not adversely affect traffic conditions , light, air nor pose a fire hazard or other danger to neighboring property ; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7. The City Council finds that granting the conditional use permit would not be detrimental to the public health , safety or welfare or materially injurious to properties or improvements in the vicinity. Page 3 of 7