April 4, 2006 CCP - Laserfiche WebLink

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Minnesota DNR and the Valley Branch Watershed have been asked to comment on the application. Valley Branch has responded by a letter of February 1 with no objections to the variances, but with several recommendations regarding erosion control and run-off mitigation. No response has been received from DNR as of this writing. Findings and Recommendations: The requested variance regarding OHW setback appears to respond favorably to the required variance findings — if structure scale is considered to be mitigated by the existing forestry on the site. A reduction in the degree of OHW encroachment represented by the proposed structure from that existing with the house to be razed along with conformity with the averaged setbacks of the adjoining structures appears to support OHW setback variance approval. Moving the structure further west on the site by as little as 10 feet will place it in the OHW setback of Olson Lake to the west — a unique physical circumstance. The concern of staff regarding this application goes to the construction of a new residence on a parcel clearly non -conforming by area — the second variance. The City-wide ramifications of approval of this variance will be significant without Findings that are carefully structured to overcome precedent that would undermine the zoning ordinance. Staff continues to work with the City Attorney toward properly worded findings regarding the parcel area variance. We are publishing this staff report pending those findings to enable timely completion of the February 13 Commission packet. With respect to the OHW setback variance only, we suggest the following findings: 1. The property can not be put to reasonable use without the granting of the variance requested. The variance is the minimum possible given the unique circumstances of the parcel essentially "fronting" two lakes. 2. The variance requested results from circumstances unique to this property platted prior to the adoption of Shoreland Regulations by the City resulting in OHW setback applicable from two lake frontages; and, the circumstances of the variance were not solely created by the applicant. 3. Granting of the variance will not change the essential character of the neighborhood. We therefore recommend approval of the OHW setback variance only (at this time) upon the following conditions: 1. Compliance with the Valley Branch Watershed District recommendations regarding silt fence erosion control and installation of rain gutters directed away from Lake Demontreville. 2. Compliance with any recommendations of the City Forester regarding protection of the existing forestry on the site during construction Staff will report to the Commission on February 13 regarding recommendations and findings regarding the non -conforming lot area variance.