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AGENDA ITEM <br />Prepared By: mcc Reviewed By: LLO Approved By: <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />1. Purpose. This application is regarding variances to construct a garage addition on the existing home. <br /> <br />2. MN§15.99 Application Deadline. The application was received on May, 12th and considered to be <br />complete on May 28th. The 60-Day review period has been extended and expires on September 25, 2022. <br /> <br />3. Background/ Summary. The applicant is requesting <br />approvals in order to construct an attached garage addition <br />on to the existing home. The revised proposed garage <br />addition is shown 9.1 feet from the north, side property <br />line (10-foot setback required) and 10.1 feet from the front <br />(50-foot setback required); the addition will require front <br />yard and side yard setback variances. <br /> <br />The subject property (represented by the thick black line <br />on survey) extends 7.4 feet into a described railroad right- <br />of-way easement (dashed line highlighted yellow on <br />survey) see Exhibit B and the image on the right. <br />Following Planning Commission direction, the proposed <br />addition (shown in blue) no longer encroaches into the <br />railroad easement. <br /> <br />4. Planning Commission Vote and Comment. On June <br />21st, the Planning Commission held a public hearing. <br />Following the public hearing the Planning Commission <br />voted 6 to 1 on a motion to deny the application as presented. The Commission discussed the request and <br />the majority supported the setback variances, but not the encroachment into the DNR easement. Please <br />reference the Planning Commission minutes attached as Exhibit C for more detail. <br /> <br />5. Public Comment. No comments from the neighbors were received. Comments from the DNR on the <br />request are attached as Exhibit D. <br /> <br />6. Staff Recommendation. The applicant has provided a revised plan which no longer encroaches into <br />the DNR easement. Staff recommends approval of the variances as revised. <br /> <br />COUNCIL ACTION REQUESTED <br />Motion to adopt Resolution No. 7278. <br /> <br />Exhibits <br />A. Draft Resolution No. 7278 <br />B. Revised Plans <br />C. PC Minutes 06/21/2022 <br />D. DNR Comment <br />E. PC Staff Report 06/21/2022 <br />Item No.: 6 Date: 25 July 2022 <br />Item Description: LA22-000026 – Al Azad, 165 Bederwood Drive, Variances – <br />Resolution No. 7278 <br />Presenter: Melanie Curtis <br />Planner <br />Agenda <br />Section: <br />Community <br />Development Report