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RESOLUTION 02 - <br /> <br />A RESOLUTION OF THE CITY OF ELK RIVER <br /> <br />A RESOLUTION APPROVING VARIANCE AND IMPOSING CONDITIONS <br /> <br /> WHEREAS, the owner of the property legally identified as Lot 2, Block 2, <br />Brentwood, County of Sherburne, State of Minnesota, has made application for a variance to <br />allow a slope greater than 3:1 without a retaining wall; and <br /> <br /> WHEREAS, the City Council has determined that approval of the requested <br />variance is appropriate, but only if the owner of the property can successfully establish and <br />maintain sufficient vegetation on the slope to prevent erosion from the slope onto adjacent <br />properties; <br /> <br /> NOW, THEREFORE, the application for a variance is granted, subject to the <br />following conditions: <br /> <br />Applicant shall, during the 2002 growing season, establish sufficient <br />vegetation on the slope to prevent any erosion from the slope. <br /> <br />City staff shall inspect the property on or before September 15, 2002 <br />to determine whether the property owner has successfully established <br />sufficient vegetation to prevent erosion. <br /> <br />If City staff determines that sufficient vegetation has been established <br />to prevent erosion, no further action shall be required of the property <br />owner during 2002. However, City staff shall periodically inspect the <br />slope in future years to ensure that the vegetation is being maintained <br />and remains effective in preventing erosion. If a future inspection <br />reveals that the slope is eroding, then the retaining walls required by <br />this Resolution shall be installed within 60 days as provided herein. <br /> <br />o <br /> <br />If City staff determines that the slope has not been successfully <br />vegetated, and either is eroding or is susceptible to erosion, notice <br />shall be sent to the property owner on or before September 30, 2002 <br />advising the property owner of this fact and ordering that the <br />retaining walls required by this resolution be installed on or before <br />November 30, 2002. <br /> <br />o <br /> <br />If City staff sends said notice to the property owner, the property <br />owner shall install one or more retaining walls which shall restore all <br />slopes on the property to no greater than 3:1 on or before November <br />30, 2002. Prior to the installation of said retaining walls, a detailed <br />plan for the walls shall be prepared and approved by the City's <br />Department of Inspections. <br /> <br />S:\PLANNING\Case Files\V 01-08 Jones\Approval Resolution.doc <br /> <br /> <br />