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Q54 <br />AGENDA # 9. PLANNING AND ZONING REPORT - PETE KLUEGEL <br />A. CONSIDERATION OF DON NELSON CONDITIONAL USE <br />PERMIT APPLICATION. <br />Mr. Kluegel gave an introduction on the background of this <br />project. He stated that Mr. Nelson (6941 LaMotte Drive) was <br />applying for a Conditional Use Permit for Land Reclamation. Mr. <br />Kluegel summarized Mr. Stahlberg's memo dated August 3, 1987 in <br />which 4 issues were lised. They are as follows: <br />1. The basement floor will be set at an elevation of 887 <br />(one foot above the projected 100 -year lake level). <br />2. The yard is to be graded and the basement backfilled prior <br />to construction of the main floor. Drainage patterns are to <br />be in accordance with the drawings previously submitted by <br />the builder and drainage is not to be diverted to the <br />neighbor's property. <br />3. Any existing trees, retaining walls or other improvements <br />located on the adjacent lots are not to be damaged by the <br />proposed construction of 6941 LaMotte Drive. <br />4. A letter of credit in the amount of $1,500.00 will be <br />required to assure compliance with the above provisions. <br />Mr. Kluegel added that Mr. Nelson would like to amend these <br />provisions to add that the City Inspector and City Engineer <br />closely follow and inspect this project in order to insure <br />compliance. <br />Mayor Benson asked Mr. Stahlberg if the problems of drainage that <br />has been an issue with this property has been resolved. Mr. <br />Stahlberg stated that a swail will be installed that should take <br />care of the problem. <br />Councilman Marier stated that he was under the assumption that <br />this issue had been resolved after a meeting that took place <br />between Don Volk, Randy Schumacher, Ron Stahlberg, himself, and <br />Mr. Nelson. (that being that the house would be at the same level <br />as his neighbors. Mr Marier continued to voice his concern that <br />he felt if the Council approved this CUP, that they would be <br />creating problems in the future for the City and for Mr.Nelson's <br />neighbors. He did not feel that a swail would provide for <br />adequate drainage. Mr. Marier did not feel that Mr. Nelson has <br />showed himself to be very reliable in the past and was reluctant <br />to believe that he could be relied upon to complete his <br />responsibilities to his neighbors. <br />Councilman Reinert asked Mr. Stahlberg whether or not this plan as <br />it was laid out would work. Mr. Stahlberg said yes he believed <br />so. Mr Stahlberg went on to say that the swail will cause the <br />water to flow to the back of the property and the street. He said <br />