Agenda - Planning Commission - 11/06/2014

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City Planner Anderson presented the staff report stating the City received an application for a Variance from Michael Musenbrock and Kimberly Barry to construct a detached accessory building that would encroach on the required setback from the Ordinary High Water Mark (OHWM) of the Rum River as well as to the required front yard setback on the property located at 16601 Fluorine Street NW. The property is adjacent to the Rum River and is within the Scenic River Land Use District and therefore, in addition to the general standards for detached accessory buildings, is also subject to the standards found in City Code Section 117-256 (District Provisions) related to the Scenic River Land Use District. City Planner Anderson explained that on September 4, 2014, the Commission held a public hearing regarding this request. Through that discussion, the applicant was encouraged to revise the building dimensions and/or building layout in an attempt to comply with the required bluff line setback. The Commission closed the public hearing on September 4, 2014 but tabled action on the request to the October meeting to provide the applicant time to revise the configuration and/or size of the proposed building. He reviewed the new plans with the Commission and noted the building size and location has shifted. Staff recommended approving Resolutions granting approval of the requested variance to the required setbacks from the OHWM of the Rum River and the front property line of the property. Commission Business Michael Musenbrock, 16601 Fluorine Street, thanked staff for their assistance over the past month. He explained his goal was to meet the City's requirements as discussed at the previous Planning Commission while still allowing for a garage on his property. He supported staff's recommendation. Commissioner Bauer thanked the applicant and staff for coming together to address the Commission's concerns. Motion by Commissioner Bauer, seconded by Commissioner Maul, to adopt Resolution #14-10- 200 approving Findings of Fact #0934, amending Finding #24 noting the DNR responded to the City and found the request to be reasonable. Motion Carried. Voting Yes: Chairperson Levine, Commissioners Bauer, Maul, Nosan, and VanScoy. Voting No: None. Absent: None. Abstain: Brauer. Motion by Commissioner Bauer, seconded by Commissioner Maul, to adopt Resolution #14-10- 201 approving the request for a variance to the required setbacks from the Ordinary High Water Mark of the Rum River and the front property line. Motion Carried. Voting Yes: Chairperson Levine, Commissioners Bauer, Maul, Nosan, and VanScoy. Voting No: None. Absent: None. Abstain: Brauer. Planning Commission/October 9, 2014 Page 7 of 14