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sr^ssn. <br />3.The Planning Commission reviewed this application at a public hearing held on <br />August 18,2003 and recommended partial approval of the application, based on the <br />following findings and conclusions: <br />a)Approval of the setback variance to allow the new 996 s.f accessory building <br />to ^ located 23.1' from the side street lot line is reasonable due to the wide <br />unused MnDOT right-of-way adjoining the side street lot line, which provides <br />for additional separation of the accessory structure from the actual travelled <br />roadway. <br />There is no hardship or justification presented to support the vaiiance to <br />allow the attachment ofthe new 996 s.fbuilding to the existing 848 s.f. garage <br />via a 165 s.f. greenhouse. The resultant building of just over 2000 s.f. in area <br />would potentially have negative visual impacts as viewed from Highway 12, <br />and is not in keeping with the intent of the Oversize Accessory Structures <br />ordinance which attempts to limit the bulk and massingof accessory strucurei' <br />on properties based on the size of the property. <br />Approval of a vanance to allow the proposed 900 s.f. pool to be located 15' <br />(rather than the 1 O' setback proposed) from the side street lot line is reasonable <br />given the width of the unused portion of adjacent MnDOT right-of-way, the <br />fact that at the proposed location no neighboring property owners will be <br />affected by the visual or activity impacts normally associated with a pool use, <br />and keeping in mind the 15' setback from an interior side lot line normally <br />required for accessory structures of 750-1000 s.f. in area. <br />The setback variances should be approved only in conjunction with a <br />requiren ;nt to establish and maintain a suitable \ ear-round vegetative buffer <br />along the side street lot line to sofren the visual impacts of the structures <br />allowed to be nearer the lot line than normally allowed. <br />Approval of the request for a CUP for plumbing in an accessory structure to <br />include toilet, sink and show er is reasonable given the intended use of the 996 <br />s.f structure as a pool house, and although the property is less than 2.0 acres <br />iā€™ā€. area, the proposed use substantially meets the intent of the ordinance <br />allowing plumbing in accessory structures, as long as such use is subject to <br />the standard CUP conditions limiting its use for dwelling or home occupation <br />uses. ' <br />Page 2 of 6