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3.The Planning Commission reviewed this application on February 16, 1999, and <br />recommended approval on a vote of 4 to 0. <br />4. The Planning Commission made the following findings of fact: <br />A. French Creek was developed as a Planned Residential Development <br />meeting the density requirement for the RR-IB (2 acre) zoning district. <br />A large common area was dedicated as open space in the development, <br />and each lot was between 1 Ci«'d 1.5 acres. The front, rear, and side yard <br />setbacks were changed to reflect the smaller lot sizes in the Subdivision. <br />The proposal would require an encroachment of 7' into the rear yard <br />setback, and 91' from the 930.0' (OHWL) of French Lake. <br />B. The new structure would be located entirely behind the residence out of <br />view from neighboring property owners. The property also contains solid <br />tree lines along the property boundaries that would create a visual barrier <br />to the applicant's property. <br />C. The back yard setback is established to maintain separation between <br />homes. No residence is located behind the applicant's home. The <br />common area and French Lake are located is this area. The nearest <br />residence to the north is located on French Lake Road, north of French <br />Lake. <br />D. The property was developed (1985) prior to the adoption of the Shoreland <br />Ordinance (1992). A large portion of the lot, including the existing <br />home encroach into the 150' structure setback from Natural Environment <br />Lakes. The back yard is the most appropriate location for a swimming <br />pool as the noise and activity would be to the rear of the house and not <br />exposed to the street. <br />E. If the applicant intends to alter the landscape pond a conditional use <br />permit must be applied for and approved by the City Council. <br />Page 2 of 5