4A - Amendment to Conditinal Use Permit - Wilderness Resort Villas

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I. Only clean fill consisting of sand, gravel or rock will be allowed where contact with water is anticipated. Mineral soil may be allowed elsewhere. J. Alterations to topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties. The Applicant is not proposing to place fill or excavated materials in bluff impact zones, to place fill in a public water below the ordinary high water line or to excavate in the bed of public waters, so conditions F, G and H do not apply. Minnesota Administrative Rule 6120.3300, Subp. 4, "Shoreland alterations," Sections B and C provide for procedures to be followed by local official permit issuance agencies and lists similar conditions to be utilized in conditional use permit reviews, together with circumstances under which DNR approvals or permits may be required. Section 17-5.15 of the City Code prohibits grading in excess of 50 cubic yards in the Shore Impact Zone, however, Accordingly, the Applicant is proposing that it be granted a permit to place no more than 50 cubic yards of sand over the portion of the new beach lying south of docking system No. 2 which area (as shown on the 1/29/14 site plan) consists of 3,300 square feet. The 50 cubic yards of sand would be spread over the 3,300 square foot area (with an average depth of 4 to 5 inches on top of landscape fabric installed to prevent plant and weed growth in the sand area of the beach. No soil would be excavated or removed from this area. The 1920 square feet to the north of docking system No. 2 would be a grassy area with picnic tables. The Applicant will provide the city with appropriate documentation that no more than 50 cubic yards of sand has been placed on the beach area to the south of docking system No. 2. Following the issuance of the permit, the resort will have a total of 390 feet along the `-' shoreline in the shoreline impact zone where natural vegetation no longer exists or has been removed. 4