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5 <br /> <br />6OHWL setback variation allowed per Section 1102.07(2)(a) of the Shoreland Management Overlay <br />District <br /> <br />It should be is noted that on the preliminary plat that the lots will have limited abilit y to <br />construct accessory structures, decks or additions due to the required OHWL setback and <br />floodplain requirements. This shall also be noted on the certificate of survey submitted with <br />the building permit. <br /> <br />OHWL Setback <br /> <br />The required setback from the OHWL is 75 feet; however, Section 1102.07(2)(a) of the <br />Overlay District provisions states “Where structures exist on the adjoining lots on both sides of <br />a proposed building site, structure setbacks may be altered without a variance to conform to the <br />adjoinin g setbacks from the ordinary high water level, provided the proposed building site is <br />not located in a shore impact zone.” <br /> <br />The OHWL setback from the existing house on the proposed Lot 1 is 54.8 feet and the OHWL <br />setback on the adjoining parcel to the south, 6770 West Shadow Lake Drive, is approximately <br />67 feet. The average OHWL setback for Lot 2 is then 60.9 feet. The preliminary plat shows a <br />OHWL building setback line on Lot 2 extending from the house structures on Lot 1 and 6770 <br />West Shadow Lake Drive that is a minimum of 65 feet from the OHWL. The proposed house <br />on Lot 2 is setback 78 feet from the OHWL. This is compliant with both the required and <br />average setback. <br /> <br />Building Requirements <br /> <br />At the time of building permit, the single family dwelling unit will be reviewed for compliance <br />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, Reshanau Shores. It was platted in <br />1982. <br /> <br />Per Section 1001.076(2) of the Subdivision Regulation, 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 />Conformit y 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. The final plat is also consistent with the preliminary plat. <br /> <br />Blocks and Lots <br /> <br />The final plat contains Lot 1 and Lot 2, Block 1, Poehling Addition. As noted above, Lot 1 <br />contains the existing house and Lot 2 proposes a single family home. Variances are required <br />have been approved for lot size and street setback.