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5 <br /> <br />considered legal non-conforming because it was constructed in 1978 prior to the City’s <br />adoption of the Shoreland Management Ordinance in 1995. <br /> <br />With the installation of municipal sanitary sewer along West Shadow Lake Drive, the required <br />setback from the OHWL on sewered lots on Recreational Development lakes is 75 feet. This is <br />applicable to both Lot 1 and Lot 2. Although Section 1102.07(2)(a) states “Where structures <br />exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be <br />altered without a variance to conform to the adjoining setbacks from the ordinary high water <br />level, provided the proposed building site is not located in a shore impact zone”, this standard <br />does not apply to Lot 1 since the required 75 foot setback can be met. <br /> <br />The 75 foot OHWL setback is also applicable to Lot 2. As discussed, the house is considered <br />legal non-conforming. The house becomes more compliant with the OHWL setback <br />requirement from the current 100 foot setback for unsewered lots to the 75 foot setback for <br />sewered lots. <br /> <br />The plans shall be revised to show a 75 foot “BLDSB” setback line from the OHWL on both <br />Lot 1 and Lot 2. <br /> <br />Building Requirements <br /> <br />At the time of building permit, the single family house proposed on Lot 1 will be reviewed for <br />compliance regarding floor area, garage and design and construction standards. <br /> <br />Subdivision Ordinance <br /> <br />The legal description of the subject site is Lot 1, Block 1, Lakes Addition No.5. It was platted <br />in 1978. <br /> <br />Per Section 1001.076(2) of the Subdivision Regulations, any subdivision that results in the <br />creation of one or more sewered residential lots shall be platted in full compliance with <br />preliminary plat and final plat requirements and therefore, it is not a minor subdivision. <br /> <br />Conformity with the Comprehensive Plan and Zoning Code <br /> <br />The preliminary plat is consistent with the comprehensive plan for low density residential <br />development and zoning code requirements for R-1X, Single Family Executive as discussed <br />above. <br /> <br />Blocks and Lots <br /> <br />The preliminary plat contains Lot 1 and Lot 2, Block 1, Stern Addition. As noted above, Lot 1 <br />proposes a single family home and Lot 2 contains the existing house. <br /> <br />Streets and Alleys <br />