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06 Planning and Zoning Report
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02-03-2004 Special Council Meeting
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06 Planning and Zoning Report
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7. The proposed salon, with conditions, is consistent with the intent of the <br /> Draft Comprehensive Plan, the current Medium-Density Residential <br /> zone, and the proposed future Downtown Mixed Use district. <br /> 8. The proposed salon will not require additional public facilities and will <br /> not change the topography or drainage of the land. <br /> 9. The proposed salon is not in a shoreland area. <br /> The Commission recommends the following conditions be included with an <br /> approval: <br /> 1. Hours of operation in a residential neighborhood shall be limited to the <br /> hours between 7 AM and 10 PM in accordance with the Ordinance. <br /> 2. On-site parking shall be limited to the existing driveway. <br /> 3. The owner of the studio shall be a full-time occupant of the dwelling <br /> and the primary use of he property shall remain residential until such <br /> time that a the zoning classification of the property changes, at which <br /> time the conditional use permit could be re-evaluated. <br /> 4. Signage shall be consistent with the Ordinance provisions for <br /> residential areas. <br /> 5. The operation of the conditional use shall be reviewed in 12 months at <br /> which time conditions may be modified, added, or removed to address <br /> specific concerns. <br /> 2. Variance to install a drain field for an Individual Sewer Treatment System <br /> (ISTS) within the side yard setback and Middle Cullen Lake OHW setback. <br /> Kenneth and Elizabeth Hirschey, applicants. The Hirscheys are requesting a <br /> variance to install an ISTS drain field within five (5) feet of the property line to an <br /> adjacent lot. The Hirscheys' property is located in the R-1 zoning district. The <br /> side setback in the R-1 zone is 10 feet. The property also lies within the <br /> Shoreland Overlay District as it sits on Middle Cullen Lake, a General <br /> Development (GD) lake requiring a 75-foot setback from the OHW for ISTS. The <br /> Hirscheys' parcel is surrounded on three sides by the lake,which dramatically <br /> reduces the building envelope for installing the drain field. The proposed drain <br /> field is located outside of the required lake setback on all sides,but only by one <br /> foot from the north end of the parcel to the south end if it is centered along the <br /> eastern property line. <br /> The Planning Commission is unanimously recommending that you approve the <br /> variance based on the following findings of fact: <br /> 1. The property meets the minimum lot size requirement of 20,000 square <br /> feet; however, the 75' OHW setback on three sides greatly reduces the <br /> building envelope to an area less than 7,052 square feet (the build-able <br /> area footprint decreases along the eastern end of the lot due to the <br /> configuration of the parcel), which creates a hardship. There is no other <br /> area on the property that the Hirscheys can place the drain field without <br /> encroaching on the OHW setback or being too close to the deep well on <br />
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