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3 <br />Findings: The reduced structure setback should not increase congestion on a public street or <br />negatively impair adjacent properties. <br />CITY AGENCY REVIEW: <br />This request was distributed to several departments and agencies for review on June 12th 2023. <br />The following departments provided comments on the variance request. <br />•Valley Branch Watershed District (5/20/24) Provided comments regarding a 35’ wide <br />buffer strip, grading, and the minimum floor elevation. The variance for the septic <br />approved in 2023 has the condition regarding the buffer installation. <br />•City Engineer – Did not have comments. <br />•Fire Department – Did not have comments. <br />•MN DNR – Did not have comments. <br />PUBLIC COMMENT: <br />A hearing notice was sent to surrounding properties on May 29th, 2024. A hearing notice was <br />published in the local newspaper on May 31st, 2024. Due to a discrepancy in meeting time a <br />second public hearing was sent to property owners on June 18th and published in the local <br />newspaper on June 21st, 2024. Below is a summary of the public comment received: <br />•Pam and Doug Huntly – Provided written comment in support of the request. <br />PLANNING COMMISSION <br />The Planning Commission reviewed this request at their June 10th meeting. The Commission <br />voted to recommend approval of the request with conditions (Vote 6-0). <br />FISCAL IMPACT: <br />None <br />RECOMMENDED CONDITIONS OF APPROVAL <br />1. This variance approval is only for a reduced structure setback from the ordinary high <br />water level to 47.2 feet. <br />2. The applicant must obtain all other necessary City, State, and other governing body <br />permits and approvals prior to construction. <br />3. If approved, this variance shall expire if work does not commence within 12 months of <br />the date of granting the variance. <br />OPTIONS: <br />The City Council may: <br />•Approve the variance, citing recommended findings of fact for approval. <br />•Approve the variance with conditions citing recommended findings of fact for approval. <br />•Deny the variance, citing recommended findings of fact for denial. <br />RECOMMENDATIONS: <br />Staff recommends the following motion: <br />“Move to adopt Resolution 2024-074 approving the request with conditions from Jeff and <br />Judy Otto for a variance to allow a reduced structure setback of 47.2 feet from the ordinary <br />high water level for the property located at 8286 Hidden Bay Court based on the findings <br />listed in the staff report.”