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Based on the foregoing, the Applicants' application for a Variance is granted with the following <br />conditions: <br />1) The applicant shall submit a tree protection and replacement plan that identifies all trees <br />to be removed from the site prior to construction and that specifies which trees are to <br />remain on the property. Grading, or other construction activity, should not come within <br />the branch spread of any tree to be retained. Tree protection fencing should be erected on <br />the construction side of any trees which are less than 15 ft. from construction activity, and <br />placed as far out from the branch spread of the tree as possible. <br />2) A revised landscape plan shall be submitted that provides for the replacement of any trees <br />removed during construction, <br />3) Temporary erosion control measures that comply with the Lake Elmo Storm Water and <br />Erosion and Sediment Control Ordinance shall be established prior to the start of any <br />earthwork and shall be maintained throughout the duration of construction activity on the <br />site. <br />4) No part of the new structure shall extend any closer to the Ordinance High Water <br />Elevation of Lake Elmo than the original structure. <br />Passed and duly adopted this 23rd day of August 2011 by the City Council of the City <br />Elmo, Minnesota. <br />A. Johnston, Mayor <br />- <br />