3A - Conditional Use Permit for Grading up to 50 Cubic Yards within the Lake Setback, Lopez & Hauck

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11. The proposed patio would create impervious coverage within 50 feet of the OHW. `— 12. Grading up to fifty cubic yards in the shoreland setback is a conditional use in the Shoreline Residential zone. 13. The work that has been performed is extensive, has not been performed using Best Management Practices and generally does not conform to the spirit of the Comprehensive Plan, which emphasizes shoreland management and environmental protection. 14. The use, with the recommended conditions, is compatible with the existing neighborhood. 15. The use, in its current state, has minimal erosion protection and is a threat to the lake water quality. Adequate steps have not been taken to address this condition. 16. The grading operation, along with the reduction in screening that has taken place, is injurious to other properties on the lake. 17. There are no vacant properties in the immediate vicinity of this property. 18. The public has incurred enforcement costs, but no costs for public infrastructure or facilities due to this proposal. 19. Traffic congestion is not a concern in relation to the shoreland grading. 20. The grading will not generate demand for off-street parking. 21. Adequate measures have not been taken to control nuisances related to the property. 22. Without some restoration, the Conditional Use will result in the degradation of the shoreline. 23. Conditions of approval are necessary to control pollution from the property. Planning Commission Direction: The Planning Commission can approve the conditional use permit, deny the permit, or table the request if additional information is needed. If the recommendation is for approval or denial,findings of fact should be cited. Staff Recommendation: As a function of resolving the violation on this property, we recommend approval of the Conditional Use Permit subject to the following conditions: 1. The requested patio is denied and shall not be constructed in any form. There shall be no impervious coverage created between the dwelling and the lake. 2. A silt fence, fully trenched and properly installed, shall be erected along the shoreline for the entire length of the grading operation. The fence shall remain until the site is completely restored. 3. The material excavated between the house and the lake shall be restored, with the exception of a four foot wide walkway on the lake-side of the house that is allowed in order to facilitate access to the new doorway. A retaining wall may be constructed to support the earthen material and facilitate construction of the walkway. 4. A screening plan consistent with the requirements of Section5.8, Subdivision I shall be provided for review by the Planning Commission. Once acceptable to the Planning Commission,the plan shall be fully implemented. 5. Stormwater that flows through the excavation and restoration area shall be diverted and/or retained prior to flowing through the area. 6. Within seven days of the site restoration, all disturbed material shall be secured by hydroseeding. 7. All restoration work,jt for implementation of the screening plan, shall be completed within 6o days. City of Pequot Lakes Staff Report 1-4 July 19,2007