12-07-22 PC Agenda Packet - Laserfiche WebLink

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Page 8 of 10 7. The variance would be consistent with the City’s Comprehensive Plan because it meets the City’s housing goal of encouraging redevelopment that is complimentary to and enhances the character of the City’s established neighborhoods. 8. A single-family dwelling is a permitted use within the R-1 Zoning District. 9. A single-family dwelling is a reasonable use of the property that would not be allowed under the rules of the Zoning Code without the requested variance. 10. The nonconforming front yard setback for the R-1 Zoning District is a unique circumstance that is attributed to acquisitions of additional highway right-of-way by the State and County. 11. The proposed single-family dwelling would not alter the essential character of the neighborhood because the configuration of development on the Subject Property would be consistent and compatible with the neighborhood. 12. The variance request is not based on economic considerations alone. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. • Recommend Approval with Conditions: Motion to recommend approval of Planning Case 22-022 for a Variance at 1861 Highway 96 W., based on the findings of fact and the submitted plans, as amended by the conditions in the December 7, 2022, Report to the Planning Commission: 1. A Building Permit shall be issued prior to the commencement of demolition and for the new home construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. 3. A Grading and Erosion permit shall be obtained from the City’s PW/Engineering Division prior to commencing any grading, land disturbance or utility activities. The Applicant shall be responsible for obtaining any permits necessary from other agencies, including but not limited to, MPCA, Rice Creek Watershed District, Minnesota Department of Natural Resources, U.S. Fish and Wildlife Services, and Ramsey County prior to the start of any site activities. 4. Upon completion of grading and utility work on the site, a grading as-built and utility as-built shall be provided to the City. 5. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director/City Engineer and Community Development Director prior to the issuance of a grading and erosion control permit or other development permits. 6. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Applicants during construction to ensure that sediment and storm water does not leave the project site 7. The Applicants shall be responsible for providing verification of approval and obtaining any permit necessary from the Rice Creek Watershed District prior to the start of any site activities. 8. A right-of-way permit shall be required for work performed within the City right-of- way.