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1 Arthur Shuster/Richard Webbl, Case No. 1829 Page 3 One of which is that the development be setback 75 feet from the high water Line of Lake Owasso and that the vegetation between the proposed development and the lake be retained to the maximum extent. y This, of course, has been an objective in the design conferences held thus far with the applicants and staff. 10. The site is shallow and because an additional 10 feet of right-of-way is required to be dedicated for Victoria on the east side, the depth with which to work (east -west dimension) is reduced 10 feet by this requirement. Under these conditions it appeared appropriate for the applicants to request a variance for the setback to the driveway contiguous to Victoria from the required 15 feet to 5 feet. You will note from examination of the design drawings that no parking is contiguous to the setback, but it is the location for the west side of the driveway that serves the access to the building and the parking areas. Thus, an application for a variance for the required 15 foot setback to 5 feet is proposed. 11. A "nursing home" is listed as a Special Use in the R-3 District, therefor -a, a Special Use Permit is required. The permit relates to the overall design and function of �..ie facility on the site. Conditions can be attached to such a permit and may be considered appropriate by the Planning Commission and Council. 12. The staff has met four or five times with the developers over the past two months and have had conversations with `Che proponents prior that. It would appear that the development proposal as presented is representative of the kind of development initially conceived as appropriate by Mr. Shuster prior to 1977 when the property was purchased. 13. You will also note from the review of the plans and text that the applicants propose to move the Metropolitan Waste Control Commission's 36 inch sewer line slightly to the east, so as to provide adequate space for the development on the site. This will be done at the developers of the City and the Metropolitan Waste expense, under supervision Control Commission. 14. The proposal is for amending of the Comprehensive Plan from low density to high density residential, rezoning from R-1 to R-3A, approval of a variance in the density of 50,100 feet, approval of Lhe parking requirement to 40 spaces, and approval of a variance to the setback from 15 feet to 5 feet. Appropriate conditions may include: a) Approval of engineering details and landscape plans by staff; and b) The development is constructed in accordance with the drawings as submitted and dated 2/29/88.