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4.Planning Commission Vote and Comment: <br />The Planning Commission reviewed the application at the April 21, 2025 meeting where they held <br />a public hearing. Draft Planning Commission minutes are attached as Exhibit F. <br />5.Public Comment: <br />Comments from a neighbor and the MN DNR were received and are attached as Exhibit C. Staff <br />consulted with the city attorney, who disagrees with the DNR’s analysis. The city attorney's <br />comments are: <br />The DNR objected to the setback variance on the basis that the replacement building is a <br />water-oriented accessory structure or facility within the meaning of the City’s ordinances <br />and therefore cannot be located within the proposed location. The DNR acknowledges that <br />the existing building could be replaced. The proposed replacement building does not <br />increase any of the existing nonconformities. The proposed replacement building will either <br />maintain or reduce existing nonconformities. <br />The DNR also objected to the extension of sewer and water services to the replacement <br />building. No variance is required for the sewer and water extension. The extension is <br />expressly permitted, provided that the applicant complies with the requirements of City <br />Code Section 78-1437. The water and sewer connection would have been permitted to the <br />existing building and is not an expansion of the nonconformity. <br />6.Staff Recommendation: <br />Staff recommends approval of the setback and floodplain variances to allow the one-foot upward <br />expansion according to the draft resolution. <br /> <br /> <br /> <br /> <br />COUNCIL ACTION REQUESTED <br />Council should move to adopt Resolution 7588 approving the variances as applied. <br />Exhibits <br />Exhibit A - Resol 7588 <br />Exhibit B - Plans <br />Exhibit C - Comments <br />Exhibit D - Planner Report <br />Exhibit E - Draft Covenant <br />Exhibit F - Draft PC Minutes <br />261