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<br />Planning Commission Minutes <br />June 27, 1995 <br /> <br />Page 2 <br /> <br />. <br /> <br />Gary Schmitz explained County Road 33 right-of-way may be widened to 100 <br />feet which would reduce the proposed garage setback to 25 feet. However, he <br />stated the County Road 33 may be realigned and the road in front of the <br />applicant's home would no longer function as a county road and could <br />become a city street. In that case the proposed 42 foot setback would be <br />adequate. <br /> <br />Staff feels there are adequate findings to grant the variance and recommends <br />approval. <br /> <br />Chair Kuester opened the public hearing. There being no comments from the <br />public, Chair Kuester closed the public hearing. <br /> <br />COMMISSIONER TACHENY MOVED THAT THE PLANNING COMMISSION <br />RECOMMEND APPROVAL OF THE VARIANCE REQUEST BY DENNIS AND ARLENE <br />MOOTZ, PUBLIC HEARING CASE NO. V 95-4, BASED ON THE INFORMATION IN THE <br />STAFF REPORT, INCLUDING THE FOLLOWING FINDINGS: <br /> <br />1) LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNDUE <br />HARDSHIP BY THE FACT THAT APPLYING THE EXISTING 50' SETBACK <br />STANDARD WOULD REQUIRE THE LOSS OF SEVERAL MATURE OAK TREES OR <br />THE PLACEMENT OF THE GARAGE IN AN INCONVENIENT AREA ON THE REAR <br />OF THE PARCEL AWAY FROM THE EXISTING HOME. <br /> <br />. <br /> <br />2) <br /> <br />HARDSHIP IS CAUSED BY THE TOPOGRAPHY OF THE SITE WHICH MAKES IT <br />DIFFICULT TO CONSTRUCT A GARAGE AT THE SETBACK LINE DUE TO THE <br />DROP OFF WHICH WOULD NECESSITATE THE NEED FOR EXTENSIVE FILL AND <br />THE LOSS OF SEVERAL MATURE OAK TREES. <br /> <br />3) THE VARIANCE WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY AND <br />WELFARE OF THE NEIGHBORHOOD AND IS IN KEEPING WITH THE SPIRIT AND <br />INTENT OF THE ORDINANCE. <br /> <br />COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. <br /> <br />Commissioner Minton stated that he felt the Commission should be cautious not <br />to take variance requests lightly. <br /> <br />9;4;>>. .....>R~qG~SftdrPr@litriinorv..pkit.ApProvtll..Bvl.ihadUistlt0ostIEily..rvv@dtH@rwoodr(.. <br />l?tl6IiCHedrirH::lcdseNOIp9S..1< ................ .............. .............. .. ..... <br /> <br />. <br /> <br />Staff report by Gary Schmitz. Jeff Mastley and Randy Lindquist are requesting <br />preliminary plat approval to subdivide approximately 80 acres into 21 single <br />family residential lots. The property is located east of Zebulon Street (County <br />Road 72) and south of the Fairhaven Hills subdivision. The preliminary plat has <br />two primary access points: One, off of County Road 72 (Zebulon Street) from the <br />west, and the second involves the extension of Troy Street in the Fairhaven Hills <br />subdivision. Staff proposes that 199th Avenue be shifted to the north so an <br />existing home meets the required 35 foot front yard setback. The developers are <br />proposing to fill approximately a quarter acre of wetlands; therefore, requiring <br />replacement with a half acre of wetlands within the same county or watershed. <br />This replacement plan must be approved by the City Council, and other <br />