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FINDINGS <br />1. This application was reviewed as Zoning File #04-3012. <br />2. The property is located in the LR-IA, Single Family Lakeshore <br />Residential District, which requires a minimum lot area of 2 acres and <br />minimum lot width of200'. The area of the property is 3.3 acres (144,491 <br />s.f.) and defined lot width is 650'+. <br />3. The Planning Commission reviewed this application at a public hearing <br />held on May 17, 2004 and recommended approval of conditional use <br />permits and a variance for chimney heights in excess of 30'; grading, fill <br />and a retaining wall located within the flood fringe based on the following <br />findings: <br />a. The applicant will conduct grading and filling below 931.5 MSL <br />within the flood fringe, consisting of construction of a retaining wall, <br />excavation and mitigation as depicted on Exhibit B approved by the <br />City Engineer. <br />b. The applicant will comply with the recommendations of the City <br />Engineer and the Minnehaha Creek Watershed District Rule C permit <br /># 04-210 regarding floodplain filling and mitigation. <br />c. The applicant will comply with Municipal Zoning Code Section 78- <br />1117, standards for floodway and flood fringe conditional uses. <br />d. The chimneys at a height of 40' 8" will have no negative visual <br />impacts within the neighborhood and as an architectural feature will <br />not be out of character within the neighborhood. <br />4. The Planning Commission reviewed the application at a public hearing <br />held on May 17, 2004 and recommended denial of the request for a <br />hardcover variance within 75' of the OHWL and denial of the fence <br />request within 75' of the OHWL based on the following findings: <br />a. The applicant's request for a hardcover variance within the 0-75' <br />setback for construction f a wooden boardwalk and deck all on level <br />ground should be denied as there is no hardship to support the <br />vanance. <br />Page 2 of 6