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04-10-23-R
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04-10-23-R
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4/10/2023 4:24:07 PM
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Landscaped Area, Structure Coverage, and Floor Area Ratio — Intends to Comply <br />In the R-2 District, the minimum landscaped area for lots is 65%, and the maximum Floor -Area <br />Ratio is 0.3. Additional information would be needed from the Applicant to determine whether <br />these criteria are met. Mr. Mezzenga is processing the minor subdivision and variance request in <br />advance of developing civil plans, house floor plans, and renderings. Staff shall evaluate these <br />criteria at the time of building permit review. The Applicant has stated an intention to comply <br />with all other R-2 District minimum and design standards. <br />2. Tree and Landscaping Preservation - Section 1325.055 <br />The Certificate of Survey (i.e. Site Plan B) denotes existing trees on the Subject Property. The <br />Applicant has not provided as part of this application a tree inventory of existing significant trees <br />on the Subject Property or an analysis of the proposed tree removal on Tract A or B. As a <br />recommended condition of approval, the Applicant shall be required to submit a Tree Preservation <br />Plan as part of the Building Permit application and tree replacement may be required depending <br />on the number of significant trees impacted by the proposed development. Any tree removal shall <br />be subject to city code requirements as outlined in Section 1325.055. <br />3. Shoreland Regulations —Section 1330 <br />The Minor Subdivision for the vast portion of the review is in relation to the minimum <br />requirements of the underlying zoning district. As previously noted, the Subject Property abuts <br />Lake Josephine which means both proposed lots in the Minor Subdivision would be subject to <br />Shoreland Regulations as outlined in Section 1330. The Applicant has stated it is his intention to <br />comply with all applicable shoreland regulations and is not seeking a variance from these <br />regulations. Upon review, Planning staff has determined that the site plans for referenced <br />setback from OHW would need to be revised to be in compliance with Section 1330. <br />OHW Setbacks/Adjacent Lots —Intends to Comply <br />In Section 1330.03 - General Provisions, the City requires a structure setback of 50 feet as <br />measured from Ordinary High Water (OHW) for properties abutting a lake classified as General <br />Development. Additionally, this provision states that any shoreland lot where the adjacent lots <br />have existing dwellings that exceed the minimum setback from the OHW level, the shoreline <br />setback for a new dwelling unit or an addition to an existing dwelling unit shall not be less than <br />the average of the setbacks from the OHW level for such adjacent dwellings minus ten (10) feet <br />subject to the following: <br />A. In no case shall the new structure or addition be within the minimum setback from the <br />OWH level as stated in Section 1330.03 Subd 1. <br />B. In no case shall the new structure or addition be nearer to the OHW level than the nearest <br />adjacent structure. <br />C. The minimum structure setback in Section 1330.03 Subd. I shall be used for the adjacent <br />lot when calculating the setback if an adjacent lot is: <br />1. Vacant; <br />2. Has a use other than single or two-family residential; or, <br />3. Has a dwelling unit that encroaches on the minimum structure setback. <br />In this case, the site plans submitted identify the dwelling to the north is setback at 66.6 feet from <br />OHW and the structure to the south is setback at 59.7 feet from OHW. The average between <br />Page 8 of 14 <br />
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