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Adjustment, but was tabled at that meeting so that a more precise definition could be applied to which areas would be graded in conjunction with the 1' in 5' slope variance being requested. A drawing defining the grading limits has been prepared by RFC Engineering Inc. and dated January 10, 2002. This drawing has been annotated by City Staff. City Engineer Jankowski adressed two items, one being the grading activity encroaches with the neighboring property. He said the adjacent property owner will join in the application and this will be listed as a condition. He also noted the proposed removal of the berm adjacent to County Ditch 51 is proposed to come within five feet of the ditch at the southwestern edge of the property. The City is proposing that a silt fence be added before excavation takes place. City Engineer Jankowski referred to a memo received from Barr Engineering regarding the Wetland Replacement Plan Review. He explained the grading permit required Mr. Enstrom to obtain approval of all environmental agencies. He pointed out bullet point 12 on the memo, noting the recommendation that a 12 percent back slope be provided in the areas yet to be exavated and the 5:1 slope be provided in the already excavated areas. He said that if the WMO recommended differing slopes around the pond, Mr. Enstrom would have to follow the most stringent requirements. City Engineer Jankowski said he would still recommend approval of this variance. Board Member Johnson commented that each of the permitting agencies are waiting for the other to give their recommendation first. He asked if this creates issues for the City. City Engineer Jankowski responded all of the permits must be applied for, and the work cannot take place until they are all granted. He said in the case where there are differing opinions between agencies, the more stringent condition would apply. Mr. Enstrom's representative stated the agencies would like to know this variance will be approved by the City, and would be satisfied with the approval being tied to the WMO permit. Board Member Sweet stated she would like to wait to hear from the agencies before the Board of Adjustment made its decision. Board Member Johnson pointed out that the recommendation before the Board of Adjustment is the standard from the U.S. Army Corps of Engineers. Chairperson Nixt stated he wasn't concemed with moving this item forward, though he thought there was a major flaw in the application. City Engineer Jankowski stated that this item could be tabled if the Board desired. He requested they give the applicant some direction on what they would approve so that he can approach the WMO. Board of Adjustment/March 7, 2002 Page 4 of 5