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<br />The proposed plat has gone through several renditions since the initial application date in April, <br />2006, the request ofthe City Council. Ultimately, the City Council decided that a re-zoning to R- <br />2 Residential was not appropriate and re-zoned the property to R-I Residential from B-2 <br />Business. <br /> <br />City Code and the Comprehensive Plan are currently inconsistent in terms of the Critical River <br />Overlay district. As stated in the DRN response, the DNR records show that minimum lot width <br />in the overlay district is 125 feet, not 90 feet as City Code indicates. Staff anticipates possible <br />code revisions to the overlay district upon completion of the 2008 Comprehensive Plan Update. <br /> <br />Staff Recommendation: <br /> <br />Due to the fact that this parcel is unique to the neighborhood in that it is adjacent to the B-2 <br />Business District, in close proximity to the border of the overlay district and inconsistencies in <br />interpretation of the overlay district, staff recommends approval of the variance. <br /> <br />Board Action: <br /> <br />Motion to adopt Resolution #08-04- adopting Findings of Fact # _ relating to Tim <br />Holm's request for a variance to the lot width requirements in the Mississippi River Critical Area <br />Overlay District. <br /> <br />-and- <br /> <br />Motion to approve Tim Holm's request for a variance to the front yard setback in the Mississippi <br />River Critical Area Overlay District and adopt Resolution #08-04- declaring terms of the <br />variance. <br /> <br />-or- <br /> <br />Motion to deny the req1,lest for a variance from Tim Holm based on the fmdings of fact. <br /> <br />Reviewed By: <br /> <br />Assistant Community Development Director <br />City Attorney <br /> <br />BOA: 04/03/08 <br /> <br />4 <br />