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Melanie Curtis From: Melanie Curtis Sent: Wednesday, July 02, 2014 8:42 AM �� ,..r �� ,�.,. � To: �t�tc�:�_a._ _.,..,� ( (��r"; ��"Jr' Cc: 'Joe Schreder'; Matt Fritz; Bob Bean � �" ( Subject: 4055 Elm Street ��''� `'� Kelly I have not connected with our Engineer Bob Bean yet this morning, although did send him an email last night after we spoke. Yesterday Bob determined the rear corner area to be unstable and requires corrections in order for the site to be !f� finalized. Direction in the form of two/three options were given: construct an engineered/designed wall 5-feet or more � from the property line; pull the grading down at a 2:1 or 3:1 slope ending at a wall (less than 4' in height) 5-feet or more from the property line; or rake it out to a 3:1 slope and seed. You suggested obtaining an opinion of a soil scientist regarding the stability of the slope as-is. This may also be an option. 4055 Elm Street is located within the Shoreland overlay district and is subject to all of the following: Sec. 78-966. Prohibition. (a) It is unlawful for any person to perform or have performed the following land alteration activities without a conditional use permit issued by the council: (1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material within the limits of the city. (2) Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing natural grade. �I (3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or shore of , lakeshore property. (b) All land alterations involving filling and grading shall be performed only with clean fill as defined in section 78-1. Granting of such permits is subject to other regulations and prohibitions of this Code and other applicable statutes or ordinances of other governmental bodies. (Code 1984, § 10.03(19); Ord. No. 163 2nd senes, § 1, 12-8-1997) Sec. 78-967. Exception. (a) The requirements of section 78-966 are not intended to govern the following land alteration activities: (1) Normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such building. (2) Any earth movement under 500 cubic yards which does not adversely impact the existing drainage. (3) Grading, filling or excavating of ten cubic yards or less within the shore setback zone of all lakes enumerated in article IX of this chapter. (b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit, a separate land alteration permit shall be required. Any unusual land alterations, including 1