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Planning Commission Meeting Minutes September 26, 1995 Page 10 . (ALSO REQUIRING A VARIANCE). THE ABILITY TO EXTEND THE PUBLIC STREET TO TIE IN WITH AN EXISTING STREET IS LIMITED BY NEIGHBORING LOWLANDS AND WOULD INVOLVE THE COOPERATION FROM OTHER PROPERTY OWNERS. 2. THE PROPOSED ADMINISTRATIVE SUBDIVISION IS A REASONABLE USE OF THE PROPERTY. THE PROPERTY IS QUITE LARGE (24.59 ACRES) AND THE MINIMUM LOT SIZE IS ONLY 2-1/2 ACRES. THEREFORE, A 14.59 ACRE PARCEL AND A 10 ACRE PARCEL WOULD NOT BE OUT OF CHARACTER FOR THE AREA. 3. THE VARIANCE WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY AND WELFARE OF THE AREA AND IS KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. ONE OF THE PURPOSES OF THE MINIMUM LOT WIDTH IN THIS ZONING DISTRICT IS TO DISPERSE THE DRIVEWAY ACCESS POINTS ONTO PUBLIC STREETS. THE APPLICANT HAS INDICATED THAT NO NEW DRIVEWAYS WOULD BE CONSTRUCTED ON THE NEW PARCEL AND AN EASEMENT WOULD BE GRANTED TO USE THE EXISTING DRIVEWAY. 4. GRANTING THE VARIANCE WOULD NOT CONVEY ANY SPECIAL PRIVILEGES TO THIS PROPERTY OWNER THAT OTHER PROPERTY OWNERS IN THIS AREA WOULD NOT HAVE WITH A SIMILAR SIZED PARCEL IN TERMS OF NUMBER AND SIZE OF PROPOSED LOTS. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.9.V8B8ncek&dUesfBVDehnisBdckes/pUIS1t3H&8tlnHCtlSEiRl8.V95",,10 . Staff report by Gary Schmitz. Dennis Backes, developer of Meadowvale Heights, is requesting a 20 foot shoreland setback variance from an unnamed tributary and a five foot front yard setback variance from 192-1/2 Lane in order to construct homes on Lots 3 and 4, Block 2, Meadowvale Heights 2nd Addition. The stream/ditch is a DNR protected tributary stream which mandates a 50 foot structure setback from the ordinary high water mark. Gary Schmitz reviewed the history of the ditch crossing/relocation issue and confusion over jurisdiction. The end result was that the DNR was not in favor of relocating the stream/ditch to the south of the Meadowvale Heights 2nd Addition subdivision because it would involve the removal of a stand of oak trees, and also, the excavation of a small hill which would likely cause erosion problems in the future. Dan Lais, DNR Area Hydrologist, does not have a problem with the variance as proposed. Staff feels there are adequate findings to grant the variance from the stream and front property line. Dennis Backes, developer of Meadowvale Heights, stated he felt the confusion on this matter was due to him, and not the City staff. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. COMMISSIONER KREGER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE VARIANCE REQUEST BY DENNIS BACKES, PUBLIC HEARING CASE NO. V 95-10, CITING THE FINDINGS IN STAFF'S MEMO AS FOLLOWS, AS WELL AS THE LETTER FROM LOUCKS & ASSOCIATES, INC. DATED AUGUST 29, 1995: .