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0 <br />RtrSOLUTION OF THtr CITY COUNCIL <br />NO. <br />a. The proposed excavation and filling is to allow far the waterproofing of an <br />existing tunnel leading from near Bracketts Point Road to the basement of tie <br />greenhouse. A portion of that tunnel is in the 0-75' lakeshore setback zone <br />where no excavation, grading or filling is normally allowed. <br />- b. Work on the retaining walls at the entrance to the tunnel was approved with <br />Resolution No. 3539 on March 13, 1995, but the information with that <br />variance/conditional use permit request did not indicate the proposed <br />excavation/waterproofing/filling/regrading work was intended. <br />c. Applicant's contractor removed a 36" elm tree in the 0-75' zone without <br />obtaining a permit as required by Zoning Code Section 10,22, Subdivision <br />3 and Section 10.56, Subdivision 16 (1). Removal of this tree was necessary <br />in order to allow proper completion of the proposed waterproofing work. <br />d. The applicants propose to mitigate the loss of tiie 36" elnt by planting two _ <br />102 diameter apies in its place. -- <br />e. Applicants propose to complete the excavation and waterproofing work and <br />restore the site to existing grades in a timely manner. <br />4. The City Council has considered this application including the findings and recommendations of of the Planning Commission, reports by City staff, comments by <br />the applicant and the effect of the proposed variance on the health, safety and welfare _ <br />of the community. <br />5. 'rhe City Council finds that the conditions existing on this property are peculiar to <br />It and do not apply generally to other property in tills zoning district; that granting <br />the variance and conditional use pemut would not adversely affect traffic conditions, <br />light, air nor pose n fire hayard or other danger to neighboring properties, would not <br />merely serve as a convenience to the applicant, but is necessary to alleviate a <br />ir <br />demonstrable hardship or difficulty; is necessary to preserve a substantial property <br />right of the applicant; and would be in keeping with the spirit and intent oil the E <br />Zoning Code and Comprehensive Plan of the City. <br />Page 2 of 7 <br />. I <br />