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AGENDA ITEM 6.A. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: November 24, 2008 TOPIC: Resolution No. 08 -134 Variance to the Shoreland Ordinance Ordinary High Water Setback 1801 77th Street BACKGROUND Ron Marier has requested approval of a Variance from the Ordinary High Water Level (150 feet) of Peltier Lake to allow a garage /home addition to replace the storm damaged attached garage. The structure was removed by the applicant, and upon applying for a building permit for the reconstruction, staff informed the applicant that the decrease in the setback from the lake caused by slightly reconfiguring the structure would not be allowed under the strict enforcement of the Shoreland Ordinance. He was issued a building permit for a portion of the structure that would be within the original garage's footprint so that he could close the structure to the elements, and also received a permit to rebuild the deck structure. The property is located on the eastern shore of Peltier Lake just north of the intersection of Peltier Lake Drive and 77th Street. • The Planning and Zoning Board requested revised drawings, which limits the setback encroachment to being no greater than the previous garage structure, however since the proposed addition does not follow the exact footprint of the old structure, a variance is still required. ANALYSIS Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Site Residential Low Density Sewered Residential Rural North Residential Low Density Sewered Residential Rural South Residential Low Density Unsewered Residential Rural East Residential Low Density Sewered Residential Rural West Peltier Lake Peltier Lake Peltier Lake Accessory structures: The property is allowed a total of 4,200 square feet of accessory structures, based on the acreage of the site. The existing structures on the site include a 2,240 square foot barn and a 1,920 square fooi machine shed, for a total of 4,160 square feet. The proposed addition is roughly 1,200 square feet. This would mean the site would exceed the maximum by 1,160 square feet. Staff recommends that if