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REQUEST :FOR COUNCIL ACTION <br />DATE: October 5, 1995 <br />ITEM NO.: //. <br />Department Approval: Administrator Reviewed: Agenda Section: <br />Name Michael P. Gaffron Zoning <br />Title Assistant Planning & Zoning Administrator <br />Item Description: #2071 James and Joann Jundt, 1400 Bracketts Point Road -Variance - <br />Resolution <br />Zoning District: LR-IA, Single Family Lakeshore Residential, 2 Acres <br />Application: Amend prior approval to allow excavation in 0-75' zone to repair tunnel access to <br />greenhouse (no change in hardcover) and request approval for mitigation of after-the- <br />fact tree removal in 0-75' zone <br />Pertinent Code Sections <br />1. Sections 10.55, Subd. 8/10.56, Subd. 16 (J): No grading or filling allowed within 75' of <br />lakeshore. <br />2. Section 10.03, SJ od. 19: Conditional use permit required for grading in 0-75' zone. <br />3. Section 10.22, Subd. 3/10 .56, Subd. 16 (I): Tree removal regulations -permit required. <br />List of Exhibits <br />A -Resolution <br />B -Notice of Planning Commission Action 9/26/95 <br />C -Memo and Exhibits of 9/11/95 <br />Discussion <br />Please review the memo and exhibits of September 11. Briefly, in March 1995 applicants received <br />variance approval for rebuilding the brick and stone walls located at the entrance to the tunnel <br />leading from near Bracketts Point Road to the basement of the greenhouse. Not shown on that plan <br />nor discussed by applicants' contractor was the intent to waterproof the tunnel. This requires <br />excavation of all soil material from above and adjacent to the tunnel, then applying waterproofing <br />treatment and filling/regrading to pre-existing conditions. Applicants removed a 36" elm adjacent <br />to the tunnel in the 0-75' zone in preparation for this work, at which point staff became aware of the <br />intended waterproofing work.