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Flexibility on this requirement would allow those developed properties that become <br />classified as non - conformities to alter that status by applying for a CUP. The fact <br />that the use may be allowed by a CUP offers the property owner incentive to work <br />with the City to address possible issues, rather than having the property remain <br />classified as a non - conforming use until such time as the use ceases. <br />On this basis, the City is requesting flexibility to allow lot coverages up to 75 <br />percent by conditional use permit (CUP). The conditions of approval would require <br />the approval of a Shoreland Impact Plan /CUP, as provided by Section 917.090.A <br />of the City's Shoreland Ordinance. <br />Structure Height. Structures within the Shoreland Overlay District are restricted <br />to a height of 35 feet or less. Again, a number of existing and commercial <br />developments that would be within the Shoreland Overlay District exceed 35 feet <br />in height. These structures would be classified as non - conformities, limiting their <br />future expansion and use potential. <br />The City is requesting flexibility to allow the maximum height requirement to exceed <br />by CUP/ Shoreland Impact Plan approval. As with lot coverage, structures in <br />excess of 35 feet in height would be classified as non - conforming uses until such <br />time as a CUP /Shoreland Impact Plan is approved. <br />CONCLUSION <br />In summary, the proposed revisions to the Little Canada Shoreland Ordinance make the <br />regulations more consistent with the requirements established by the DNR. In the <br />application of these revisions to developed areas, the City is requesting flexibility <br />regarding the designated tributaries, and lot coverage and width requirements. The <br />requests for flexibility address existing conditions within the City. As such the strict <br />application of shoreland regulations to the St. Paul Water Works right -of -way may <br />represent an undue hardship to properties affected. <br />3 <br />Page 26 <br />