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Planning Commission Minutes August 9, 1995 from Michael Falk, City Planner. City Planner Falk noted that the original proposal was to improve an existing structure, and to add to it without expanding any setback lines except for a garage to be located within 5 feet of the south property line. Following the Planning Commission and City Council action to approve the variance, the applicant, John Torgerson, found that the footings, foundations, and the structure located at 337 South Owasso Boulevard were not adequate in capacity or strength. His consultants recommended raising the structure, but honoring the setbacks of the variance and providing a five foot setback along the north property line. Planner Falk reminded the Commission that they had encouraged Mr. Torgerson to consider a new structure on the existing site with the existing setbacks during the original variance hearing. Mr. Falk noted that the variance was originally approved under the old Shoreland Ordinance which now requires that: I) A variance be approved for lot size; 2) the front yard setback variance be approved to allow the structure of set within five feet of the south property line; and 3) the lot is "grandfathered" in as a preexisting lot of record with the setbacks at the current structure setback of 21 ft. He noted that this is a different case, because it is a small lot and there is not much room to shift structures, and it is consistent with the neighborhood and the adjacent setbacks. Mr. Falk stated that the staff recommends approval with the variance to lot size to allow the 7,000 sq.ft. lot to be built on, with a front yard (south side) setback of five feet, and with a shore land setback of21 ft. to the structure foundation wall (which is the same as the existing structure). Mr. John Torgerson, 337 South Owasso Boulevard, stated that he will stay within the setbacks for the new structure. His contractors have recommended the raising of the existing structure and the new construction of a two-bedroom, split-level house with 1,100 square feet, and creating a better, five foot side yard setback along the north property line. The structure will line up with the adjacent structures on either side. Mr. Torgerson has reviewed this with his neighbors and states that the neighbors are supportive. Member Sandstrom asked for clarification regarding the setbacks needed. Chairman Wietecki asked for comments from the public. There were none. Chairman Wietecki 13