11/12/2008 P&Z Packet - Laserfiche WebLink

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• AGENDA ITEM 5.A. STAFF ORIGINATOR: Paul Bengtson MEETING DATE: November 12, 2008 TOPIC: Continued: 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 the reconstruction of a storm damaged accessory structure. 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. Ilkince the October meeting the applicant has submitted a revised drawing that proposes limiting 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. The site plan also includes the size and location information of the other detached accessory structures on the site. 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 Planning and Zoning Board requested that Mr. Marier submit proof that his site is 5 acres or greater in size. He submitted Anoka County tax statements that state the property size as `5.00 acres'. Staff would concede that the property should be allowed a total of 4,200 square feet of accessory structures as such. The existing structures on the site include a 2,240 square foot barn and a 1,920 square foot 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 this addition is approved, this area be removed from one of the existing structures prior to a certificate of occupancy for the garage addition.