11-12-2019 Council Packet - Laserfiche WebLink

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2 The general purpose and intent of the Shoreland Management Overlay ordinance is to protect public waters. Per the ordinance Policy statement, the uncontrolled use of shorelands of the City affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. In this case, extension of utilities to serve the lots and eliminate on-site septic systems, while allowing the increased density to fund the utility extension, promotes the goal of preventing pollution of public waters. The required larger 20,000 sf riparian lot areas promote less intense development along lakes and provide additional surface area to minimize the rate and amount of stormwater runoff and pollutants that enter the public waters. The proposed lot sizes, 17,598 sf and 16,425 sf are deviations from the 20,000 sf ordinance requirements; however, they are consistent with other riparian lot areas adjacent to Reshanau Lake. Conditions may be imposed in the granting of a variance to protect adjacent properties and the public interest. A basin, side yard drainage way and vegetative buffer are required to minimize stormwater and pollutants from entering the public water. The existing house and new house are required to connect to municipal water and sanitary service upon availability. 2. The variance shall be consistent with the comprehensive plan. The variance request is consistent with the comprehensive plan. The subject site is guided for low density residential development and the proposed two (2) lot residential development is consistent in regards to land use and density. 3. There shall be practical difficulties in complying with the ordinance. “Practical difficulties,” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. There are practical difficulties in meeting the 20,000 sf lot area requirements. The parcel was originally platted in 1982 before the adoption of the 1995 Shoreland Management Overlay ordinance. The minimum lot area requirement at the time of platting was 1 acre; however, the lot area was not measured above the ordinary high water level (OHWL). The existing parcel is 34,023 sf as measured above the OHWL; therefore, creating two 20,000 sf lots is not possible. When the house was constructed in 1984, there was a conscientious effort to locate it so the lot could be subdivided in the future with the extension of municipal sanitary sewer. The property owner proposes to use the property in a reasonable manner. The subject site is guided for low density residential development and the proposed 2 lot residential subdivision is consistent in regards to land use and density.