08-25-2004 Council Agenda - Laserfiche WebLink

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ISSUES ANALYSIS Existing Conditions. According to the applicant, the existing timber retaining walls are located between Round Lake and townhome units 1 -15 and 21 -29 (see site plan). The retaining walls were constructed in 1985 -86 and have been rotting for some time. This decay has consequently threatened the stability of the terrain. The applicant is concerned that failure to address the existing retaining wall condition could eventually threaten the structural integrity of townhome decks and patios along the lake. Setback Requirements. Round Lake is classified as a "General Development Lake" which imposes a 50 foot structure setback from the ordinary high water level. Within the shoreland overlay district, a "shoreland impact zone" exists, The "shoreland impact zone" is defined as the area of land located between the ordinary high water level at a setback that is 50 percent of the structure setback. The applicant has indicated that the retaining wall in question lies within 25 feet of the ordinary high water level (the specific setback has not been indicated). The placement of a "new" retaining wall within the 25 foot shoreland impact zone requires the processing of a variance. Variance Evaluation Criteria. The shoreland provisions of the ordinance state that variances to may only be granted in accordance with Minnesota Statutes, Chapter 462. In this regard, a variance from the terms of the ordinance should not be granted unless it can be demonstrated that: a. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved. (1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, insufficient area or shape of the property. (2) Special conditions and circumstances may not be primarily economic in nature. b. Literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance, c. The special conditions and circumstances do not result from the actions of the applicant. 2