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RESOLUTION 02 - 15 <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 June 30, 2003 to <br />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 2003. However, City staff may periodically inspect the <br />slope through December 31, 2007 to ensure that the vegetation is <br />being maintained and remains effective in preventing erosion. If a <br />future inspection reveals that the slope is eroding, then the retaining <br />walls required by this Resolution shall be installed within 60 days as <br />provided herein. <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 /> <br />S:\PLANNING\Case Files\V 01-08 Jones\Approval Resolution 4 29 02.doc <br /> <br /> <br />