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Non-conforming banners are still temporary. Portable signs would have some <br /> grandfathering rights. <br /> Motion carried. 4 Ayes and 1 Nay(Mr. Pederson). <br /> APPLICANT: Joe and Tina Avery <br /> Applicants request a Conditional Use Permit for Grading More than 50 Cubic <br /> Yards within the Lake Setback <br /> Mr. Marohn explained the Staff Report and recommended approval based on the 14 <br /> Findings of Fact with the 3 conditions. A letter from the Cullen Lakes Association has <br /> been received recommending approval of the Conditional Use Permit with 2 suggested <br /> conditions for placement of rain gardens and landscaping. <br /> Mr. Avery stated that they plan to keep the landscaping as natural as possible. They do <br /> not wish to disturb any vegetation,they want to preserve the lake, stop the current <br /> erosion, but gain access to the lake. Mr. Avery passed out pictures of the proposed <br /> boulder steps. Mr. Avery also stated that the structure sits at the 75-foot setback. The <br /> existing boulder walls fall slightly over that mark. <br /> The Planning Commission stated that they appreciate the suggestions from the Cullen <br /> Lakes Association. Matting in the erosion locations would allow natural vegetation to <br /> grow through. <br /> Mr. Avery stated that they do not plan to have a lawn and acknowledged that the natural <br /> vegetation is better for the lake. They plan to work with the contractor to minimize <br /> damage to tree roots. They do plan to remove the dead limbs on the trees. <br /> A motion was made by Scott Pederson, seconded by Mark Hallan,to approve the <br /> Conditional Use Permit,based on the following Findings of Fact: <br /> 1. The proposed grading is an appropriate use in the Shoreline Residential district as <br /> grading of more than 50 cubic yards in lake setback outside of the shore impact <br /> zone is listed as a conditional use. The proposed use would involve additional <br /> grading beyond the 50 cubic yards of grading which had been performed by the <br /> previous property owner. <br /> 2. The proposed use does not directly conflict with the Comprehensive Plan, but the <br /> Comprehensive Plan does emphasize the importance of shoreline management <br /> and environmental protection. <br /> 3. The proposed use, with appropriate conditions, would be compatible with the <br /> existing neighborhood. The grading associated with the proposed landscaping <br /> would not have adverse impacts on the surrounding neighborhood, nor direct <br /> drainage onto neighboring properties. <br /> 4. The placement of landscaping boulders and steps leading down the slope is <br /> unlikely to be injurious to the public health, safety, or welfare of the City. <br /> Minutes 3 <br /> Pequot Lakes Planning Commission <br /> November 15, 2007 <br />