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Planning & Zoning Board November 8, 2006 Page 2 A. PUBLIC HEARING for a Preliminary Plat and Variances for front setback and upland lot area for Fran's Estate Mr. Bengtson presented the staff report. Mr. Bengtson stated that this item was discussed at the October 11, 2006 meeting. Mr. Bengtson noted a correction to the staff report that park dedication for this application would include one lot only, and the amount would be adjusted from the staff report. He clarified that the condition referring to park dedication did not specify an amount, therefore no correction to the proposed condition was necessary for this correction. Mr. Nelson asked staff about limiting the type of construction in this case. Mr. Bengtson said that the applicant could reduce the size of the building pads for each house in order to increase the setback amounts. Mr. Bengtson pointed out that any home built would need to meet a 40 -foot setback, so adjusting the building pad could be a possibility. Mr. Laden noted that the house to the west had a side yard setback of 28 feet, and asked staff if there is a difference between meeting side or front yard setbacks. Staff replied that under current city ordinance, the full setback amount is required for both. Staff noted that the ordinance may have been different at the time the house next door was constructed. Mr. Bengtson stated that the zoning ordinance allowance to reduce front setbacks to the average setback of adjoining properties does not apply to this site because the property to the west does not front onto Birch Street. However, if it did apply, the average setback of the adjoining properties would be 20.5 feet. This average is from the existing right of way lines. If full right of way was granted, the house to the east would have a setback of close to zero. Applicant, Fran Tourville, 6948 Lake Dr, Lino Lakes, said that his property was the only land on Birch Street that had a 10 foot easement taken from it. He noted that this puts his setback amount another ten feet. Mr. Tourville stated that he wasn't aware of the size of the revised building pads until he got the agenda, as he had not been out of contact with his engineer. Mr. Tourville said he felt that the building pads could be reduced even further than currently proposed. Mr. Tourville stated that the wetland was delineated as Class 3, and that he could get a permit to remove 400 sq. ft. which he could apply to lot two. Board Members discussed possible options with the applicant. Mr. Tourville said that he was told he could get a permit to fill 400 sq. ft. without any mitigation exchange. City Engineer Jim Studenski stated that there is an amount that can be impacted without mitigation. Mr. Tourville stated that he could attempt to increase the front setbacks for both lots. DRAFT MINUTES •