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requirements for tree preservation or landscaping on existing residential lots; however, the applicant is proposing to move the spruce tree farther to the south of the lot in order to save it. The applicant is also showing plans to preserve the oak tree by wrapping the driveway around it and minimizing the size of the deck so it will not impact the tree. While there can be no guarantee that either tree will survive the construction process, the applicant has taken steps to ensure that the trees will be preserved. The findings of fact for this variance request do support a recommendation for approval. The three front yard setbacks and topography do create a comparably unique situation. However, 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 six 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 use best management practices (BMPs) to control erosion at all times during construction. 3. The applicant shall obtain approval from the Rice Creek 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. 4. The structure shall conform to all other regulations in the City Code. 5. The addition shall be the same color and use the same construction materials as the existing structure. 6. All attempts shall be made by the applicant to move the spruce tree and preserve the oak tree that will be impacted by the project. Options The findings in this report currently support approval of this variance. With a motion to deny the variance, the findings must be amended. 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 07-029 for a variance at 1455 Skiles Lane based on the findings of fact, the submitted plans, and the six conditions in the February 6, 2008, planning case report. 2. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 07- 029 for a variance at 1455 Skiles Lane based on the findings of facts and the submitted plans in the February 6, 2008, planning case report. 3. Recommend Denial: Motion to recommend denial of Planning Case 07-029 for a variance at 1455 Skiles Lane based on the following findings of fact... City of Arden Hills Planning Commission Meeting for February 6, 2008 I Uhdocs/IahWHdatalPlanningIPlanning Cases11007107-029 Wessberg Variance (PC TABLED)1020608-PCReport- Wessberg Variance.doc Page 7 of 8