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foreclose that option; even if he gave the Stanke's 5 feet it would still meet the setback <br />requirements. <br />Assistant Community Development Director Frolik noted with this option the Stanke's garage <br />still would not meet the 10 foot setback, but it would get the structure completely onto their <br />property. <br />Chairperson Nixt indicated he does not see the garage encroachment as a condition of granting <br />Mr. Hamborg's permit. <br />Mr. Dell Fredericks, 7550 158th Avenue NW, stated he does not have a problem with Mr. <br />Hamborg's request. For the most part their commons is isolated from the general public, and <br />those of them in the commons are the ones that would be exposed to the structure in any way. <br />He would like to voice his support as a neighbor. <br />Motion by Chairperson Nixt, seconded by Commissioner Levine, to recommend that the City <br />Council adopt Findings of Fact favorable to the applicant's request for a conditional use permit <br />to construct an accessory building, which would cause an overage of 860 square feet, with the <br />actual overage amount to be verified by staff prior to going before the City Council. <br />Motion carried. Voting Yes: Chairperson Nixt, Commissioners Levine, Brauer, Cleveland, <br />Hunt, Trites Rolle, and Van Scoy. Voting No: None. Absent: None. <br />Motion by Chairperson Nixt, seconded by Commissioner Trites Rolle, to recommend that the <br />City Council adopt Resolution to approve the conditional use permit request in accordance with <br />the applicant's request, based on the findings of fact, and adopt a resolution declaring terms of <br />same. <br />Motion carried. Voting Yes: Chairperson Nixt, Commissioners Trites Rolle, Brauer, Cleveland, <br />Hunt, Levine, and Van Scoy. Voting No: None. Absent: None. <br />Case #2: Public Hearing — Erosion Control Ordinance <br />Chairperson Nixt closed the regular portion of the Planning Commission meeting at 7:29 p.m. in <br />order to call the public hearing to order. <br />Public Hearing <br />Chairperson Nixt called the public hearing to order at 7:29 p.m. <br />Presentation <br />Civil Engineer II Linton explained the City is required to comply with the National Pollutant <br />Discharge Elimination System Phase II (NPDES II) program as administered by the <br />Environmental Protection Agency (EPA) and the Minnesota Pollution Control Agency (MPCA). <br />The City filed a 5 year plan in 2003 outlining measures that would be undertaken to improve <br />Planning Commission/November 2, 2006 <br />Page 5 of 9 <br />