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Options and Motion Lan2ua2e The Planning Commission reviewed this application at their December 7, 2022 meeting. At that time, they recommended approval with nine (9) conditions of Katie Bach and Nate Cmiel's application for a front yard setback variance by a 6-0 vote. The following are motion language options for the City Council to consider. Approval with Conditions: Motion to approve Planning Case 22-022 for a Variance at 1861 Highway 96 W, based on the findings of fact and submitted plans, as amended by the conditions in the December 19, 2022, Report to the City Council: 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. 9. A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling. Any tree removal, preservation, and mitigation shall be completed in accordance with City Code Section 1325.055. 2. Approval without Conditions: Motion to approve Planning Case 22-022 for a Variance at 1861 Highway 96 W, based on the findings of fact and submitted plans in the December 19, 2022, Report to the City Council. 3. Denial: Motion to deny Planning Case 22-022 for a Variance at 1861 Highway 96 W, based on the following findings of fact: the City Council should identify findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 22-022 for a Variance at 1861 Highway 96 W for the following reasons: the City Council should identify a specific reason and/or information request should be included with a motion to table. Page 8 of 9