10/08/2008 P&Z Packet - Laserfiche WebLink

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•STAFF ORIGINATOR: MEETING DATE: AGENDA ITEM 5.A. Paul Bengtson October 8, 2008 TOPIC: Variance to the Shoreland Ordinance — Ordinary High Water Setback 1801 77th Street To allow the attached accessory structure to be rebuilt in a different layout that would include a slight decrease in the setback to the Ordinary High Water Line. BACKGROUND Ron Marier has requested approval of a Variance from the Ordinary High Water Level (150 feet) of Peltier Lake to allow the reconstruction of a stoun damaged accessory structure. The structure was removed by the applicant, and upon applying for a building permit for the reconstruction, staff infoliued 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 has since begun construction of the center portion of the proposed addition, to allow him to enclose the structure and prevent any further damage from nature. The property is located on the eastern shore of Peltier Lake just north of the intersection of Peltier Lake Drive dand 77th Street. The existing accessory structure was damaged in the recent storm and was torn down to allow econstruction. The applicant has submitted a plan indicating the previous and proposed layout. 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 Setbacks: The Zoning Ordinance requires a five foot setback from side property lines for attached accessory structures. The proposal clearly exceeds this requirement. The Shoreland Ordinance requires a 150 foot setback from the Ordinary High Water Level of Peltier Lake. There is much of the site that would meet this setback, but in order to attach the structure it would need to encroach into the 150 foot setback. *Findings: State law requires the following findings to be made in order to grant the approval of a variance. Staff has completed the findings in regards to the upland lot area reduction based on the revised submittal: