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• The proposed grading will take place in an easement along the river. <br /> Grading within an easement also triggers the need for a conditional use <br /> permit. <br /> DNR Recommendation <br /> Staff spoke to Dan Lais, MN DNR Division of Waters, about this project. Mr. <br /> Lais indicated that the DNR is always concerned about this kind of intensive <br /> clearing or grading project in the Wild and Scenic River District. The City's <br /> decision is contingent upon DNR approval. <br /> Recommendation <br /> Staff recommends approval of the conditional use permit with the following <br /> findings and conditions: <br /> Findings <br /> 1. Grading this area to create a walkout basement will not detrimentally <br /> affect the use and enjoyment of other property in the immediate area <br /> since the adjacent properties both appear to have done the same thing. <br /> 2. The project is consistent with the comprehensive plan. <br /> • <br /> 3. The project will comply with the spirit and intent of the City Ordinance. <br /> Conditions <br /> 1. Approval of the project is contingent upon DNR approval. <br /> 2. No permits will be issued until written approval from the DNR is received <br /> by the city. <br /> 3. All of the erosion control specifications outlined in the letter from the Soil <br /> and Water Conservation District will be met. <br /> 4. The home must meet all required setbacks, including a minimum of a 59 <br /> foot setback from the ordinary high water mark. <br /> • <br /> S:\PLANNING\KEN D RA\C U9(i-21.DOC <br />