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Attachment A City Planner Meagan Beekman stated the findings of fact for this variance request support a recommendation for approval. If the Planning Commission chooses to make a recommendation for denial, the Findings of Fact would need to be amended to reflect the reasons for the denial. If the Planning Commission recommends approval on this variance, Staff recommends the following four conditions: 1. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. 2. The applicant shall obtain approval from the Rice Creed Watershed District, and a copy of the RCWD permit or a waiver shall be submitted to the City prior to the issuance of any building permits. 3. The structure shall conform to all other regulations in the City Code. 4. The addition shall be the same color and use the same construction materials as the existing structure. Chair Larson asked if the aerial shown with the red lines indicates the property lines and Ms. Beekman stated it is not exactly on the property lines. Chair Larson noted a 6’2 inch overhead garage door is not in violation of the Code. Commissioner Holewa asked if the spruce tree would need to be removed and Ms. Beekman stated she believes it would need to be removed. City Planner Meagan Beekman reviewed the City Tree Preservation Guidelines. The owner can remove up to 10% of the trees on the property without mitigation. Mr. Matthew Wessberg, applicant, stated when the original plan was done in 2007, the plan was to move the spruce tree, but the tree mover stated the tree could not be situated in the best location. Mr. Wessberg stated another larger tree has been planted. They have been in the home since 2005. The home was built in 1954. Commissioner Thompson asked about the oak tree and Mr. Wessberg stated it is their intent to keep the oak tree and, if necessary, the deck will be built around it. The existing curb cut will be used and the retaining walls will remain. Chair Larson asked if the deck would have posts and Mr. Wessberg stated they would use posts. Commissioner Holewa moved, seconded by Commissioner Hames, to recommend approval of Planning Case 13-001 for a variance at 1455 Skiles Lane, based on the findings of fact, the submitted plans and the four conditions in the March 6, 2013, planning case report. The motion carried unanimously (5-0). Commissioner Thompson stated she appreciates the research staff did on the setbacks on other homes in the neighborhood.