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those two setbacks is 63.15 feet. The Applicant has shown on both site plans a proposed setback from OHW of 53.2 feet after subtracting the 10 additional feet. Planning staff has discussed with the Applicant that in this scenario the placement of the new homes would not be entitled to minus the 10 feet due to condition B (as shown above) that no new structure can be nearer to OHW than the nearest adjacent dwelling. In this case, the property to the south is setback at 59.7 feet which is further from OHW than the proposed 53.2 feet. Since a new dwelling cannot be nearer to OHW than the nearest adjacent dwelling, the minimum setback to OHW for the proposed Minor Subdivision becomes 59.7 feet. Planning Staff has requested from the Applicant that he verify the setback from OHW for the adjacent property to the south. From Ramsey County GIS it appears that the distance shown on the site plans submitted is measured from a detached accessory structure. The calculation for adjacent lot setbacks shall be from the adjacent dwelling, not an accessory structure. The Applicant has confirmed it is not their intent to seek a variance from any of the requirements as outlined in the Shoreland Regulations. As a recommended condition of approval, the Applicant shall be required to comply with all applicable provisions of Section 1330, Shoreland Regulations and to submit an updated certificate of survey in satisfaction of these requirements prior to issuance of a building permit. By addressing this planning comment via a condition, the Applicant can continue through the Minor Subdivision review without modifying all of the survey documents at this time. Any future building permit application for the new home construction would be subject to compliance with this provision and staff would verify this provision has been satisfied as part of the permitting process. Plan Evaluation Summary The table below provides the minimum district requirements for the R-2 District and Shoreland regulations along with a preliminary analysis for the proposed development: R-2 District Shoreland Standards Overlay District Parcel A Parcel B Minimum Lot Area 11,000 square feet 14,000 square feet 30,918 square feet 30,687 square feet 85 feet measured at 75 feet measured at 169.46 feet — street, 60 feet — street*, Minimum Lot Width public roadway OHW setback 192.73 feet - OHW 155.09 feet - OHW Minimum Lot Depth 120 feet N/A 103.15 feet* 207.88 feet Minimum Front Yard Setback 40 feet 40 feet 40 feet 40 feet Minimum Rear Yard Setback 30 feet N/A 5 feet* 5 feet* 50 feet from OHW Minimum Side Yard 5 feet (min)/15 feet (west) & Adjacent Setback (total) Lots 53.2 feet/40 feet 53.2 feet/40 feet *Variance requested by Applicant. 4. Variance Review The role of the Planning Commission is to determine and consider how the facts presented to them compare with the city's articulated standards. The Commission should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a Page 9 of 14