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