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� <br /> Date Application Received: 3/20/13 <br /> Date Application Considered as Complete: 03/29/13 <br /> 60-Day Review Period Expires: 5/28/13 <br /> To: Chair Leskinen and Planning Commission Members <br /> Jessica Loftus, City Administrator <br /> From: Melanie Curtis, Planning&Zoning Coordinator ��� <br /> Date: 2 April 2013 <br /> Subject: 13-3600, Eskuche Associates on behalf of Kathryn Kallas, 3048 North Shore Dr, <br /> Variance &CUP <br /> Public Hearing <br /> ----------------------------------------------------------------------------------- <br /> Zoning District: LR-1B, One Family Lakeshore Residential, 1-acre, 140' <br /> Lot Area: 51,650 s.f. (1.18 acre) <br /> Lot Width: 84' at the OHWL&88' at the 75' setback <br /> Application Summary: The applicant is requesting a variance in order to construct a new <br /> residence with portions of the home encroaching up to 30-feet into the average lakeshore <br /> setback. A CUP is also requested in conjunction with grading and filling activities within 75-feet <br /> of the OHWL of Lake Minnetonka. <br /> Staff Recommendation: Planning Department Staff recommends approval as noted within. <br /> Pertinent Zoning Ordinance Sections <br /> Sec. 78-966. -Prohibition. <br /> (a) It is unlawful for any person to perform or have performed the following land alteration <br /> activities without 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 <br /> earth material within the limits of the city. <br /> (2) Fill or reclaim any /and by depositing such material or by grading of existing land to <br /> elevate or alter the existing natural grade. <br /> (3J Build, alter or repair any seawall or retaining wall, or otherwise change the grade or <br /> shore of lakeshore property. <br /> (bJ All land alterations involving filling and grading shall be performed only with clean fill as <br /> defined in section 78-1. Granting of such permits is subject to other regulations and <br /> prohibitions of this Code and other applicable statutes or ordinances of other governmental <br /> bodies. <br /> Sec. 78-967. -Exception. <br /> (aJ The requirements of section 78-966 are not intended to govern the following/and alteration <br /> activities: <br /> (1J Normal and customary grading in the area of an existing or a newly constructed <br /> building, or the grading of the driveway serving such building. <br /> (2J Any earth movement under 500 cubic yards which does not adversely impact the <br /> existing drainage. <br />