4B, PC 07-029, Variance at 1455 Skiles Lane

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11. The lot is comparably unique in the City. The property is situated on the curve of Skiles Lane as it intersects with Snelling Avenue, thus creating three front yard setback requirements to the south, east, and west sides of the lot. 12. The topographic conditions are unique in that there is a significant slope downward from the west to the east which allows the majority of the addition to be built below grade. 13. Since the proposed above grade addition would not encroach any farther into the front yard setback than the existing structure, the addition is unlikely to have a negative impact on the property or the neighborhood. The continued encroachment would have a minimal visual impact from Skiles Lane. 14. The addition would be visible from the rear of the property, which abuts Snelling Avenue; however, the area is heavily wooded and the closest neighbor on this side is over 300 feet away. 15. The proposed plans and setback variance for the dwelling do not appear to be based on economic considerations alone. Recommendation The Planning Commission unanimously recommends approval (5-0) of Planning Case 07-029 for a variance at 1455 Skiles Lane, based on the Findings of Fact and the submitted plans, as amended by the following six conditions in the February 6, 2008, Planning Case Report. 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 1. Approve the proposal as submitted. 2. Approve the proposal with conditions. 3. Deny the application with reasons for denial. Ifthe City denies the petitioners request, "...it must state in writing the reasons for the denial at the time it denies the request." 4. Table for additional information. \lAhdocsllah\AHdataIPJanningIPlanning Cases\2007\07-029 Wessberg Variance (PC Approved) \022508 - CCReport - Wessberg Variance.doc Page 3 of4