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The Planning Commission reviewed this application at apublic hearing held on March 15, <br />2004 and on a vote of 7-0 recommended approval of the requested variances based on <br />the following findings and conditions: <br />a. A single family residence has existed on the property for many years. <br />b. The property has been assessed for and is connected to municipal sewer. <br />c. Municipal Zoning Code Section 78-72(8X2) states that a lot of record in any "R" <br />District in the City in excess of one acre, which does not meet the requirements of <br />the Zoning Chapter as to area or width only, may be utilized for single family <br />detached dwelling purposes if the Council finds: (a) It is at least one acre in size, <br />and the average width of the lot is at least 100 feet; (b) It is served by public <br />sanitary sewer; (c) It otherwise meets the requirements of this Chapter or other <br />applicable City Code provisions. Planning Commission finds that upon the vacation <br />of public roadway concurrently being requested in Zoning Application #04-2996, <br />and upon legal combination the vacated roadway with tax parcels 02-117-2343- <br />0002,02-117-23-43-0004 and 02-117-23-43-0006, the above conditions will <br />be satisfied. <br />d. No additional land is available for acquisition to make the property larger. <br />e. <br />f. <br />The requested variance to allow driveway to be located within 26' of the wetland <br />should be approved because relocating that portion of driveway to eliminate such <br />encroachment is not readily feasible without topographic changes which would <br />result in the loss of mamre trees and vegetative screening, and reduce the width and <br />effectiveness of the existing vegetative buffer between the driveway and the <br />adjoining neighboring residence structure. <br />The spplicant should be required to verify the wetland boundary and complete the <br />topognphic work for the site to confirm the exact area of wetland vs dry buildable <br />land prior to issuance of building permits. <br />Page 2 of6 <br />ill