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Planning & Zoning Board <br />December 13, 2006 <br />Page 2 <br />A. CONTINUED PUBLIC HEARING for a Preliminary Plat and Variances for <br />front setback and upland lot area for Fran's Estate <br />Mr. Bengtson stated that revised plans had been submitted, and the request for front <br />setback was removed so the variance request was for upland area only. Staff <br />recommended approval of the request for upland lot size and preliminary plat subject to <br />the eleven conditions listed in the staff report. <br />Mr. Nelson asked if the 400 ft. wetland fill needed to be a condition. Mr. Bengtson said <br />that staff felt that because the fill was minimal, a condition for this item was not <br />necessary. <br />Mr. Pogalz asked about the condition referring to an existing septic system needing to be <br />abandoned on the site. Mr. Bengtson stated that this is a standard requirement of the <br />ordinance, and that there is not necessarily one in existence on this site. <br />Mr. Root asked if the 6% deviation was considered minor due to the large size of the <br />property. Mr. Bengtson replied that staff did consider the percentage to be minor because <br />of the size of this property. <br />Mr. Pogalz asked if there is any standing water in this area. Mr. Studenski responded that <br />the wetland area does hold water for a minimal time, but it is not an issue and will be a <br />city maintenance process. <br />Applicant, Mr. Fran Tourville, 6948 Lake Drive, said that he agreed with all of the <br />conditions listed in the staff report. Mr. Tourville commented that Rice Creek Watershed <br />has informed him that he can fill 400 feet as an amendment on his permit. <br />Mr. Nelson asked if Mr. Tourville had concerns if the board added the 400 foot fill as a <br />condition. Mr. Tourville stated that he does not have any concerns and would not mind if <br />they added the condition. <br />Board members concluded to add a condition regarding the wetland fill. <br />Mr. Pogalz made a MOTION to close the Public Hearing at 6:49 p.m. Motion was <br />seconded by Mr. Laden. Motion carried 4 -0. <br />Mr. Nelson made a MOTION to approve the Preliminary Plat and Variance for upland lot <br />area for Fran's Estate with the following conditions (Condition 12 was added at the <br />meeting): <br />1. Existing onsite septic systems will be appropriately abandoned. <br />2. Existing wells shall be capped when required by Minnesota Dept. of Health <br />requirements. <br />3. Issues discussed in the City Engineer review memo must be addressed to his <br />satisfaction. <br />DRAFT MINUTES <br />• <br />