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• • Shirley Kaye's October 11, 1999 page 2 Shoreland Setback Variance: Variances from setbacks from the ordinary high water level (OHWL) would be needed for both the building and parking lot. The OHWL for Rice Lake is 883.1 as determined by the MN Dept. of Natural Resources (DNR). Rice Lake is classified as a Natural Environment Lake and the City's shoreland ordinance requires a 150 -ft setback from the OHWL for the building and for parking areas. The Environmental Board does not like the idea of the setback variance. Building Setback: The site is between Lake Drive and Rice Lake and is very narrow. The property includes about 30 acres, but most of it is unbuildable because of steep slopes and wetlands. This limits the ability to expand the building without encroaching into the setback. However, the encroachment should be minimized if the setbacks cannot be met. The original design had the building addition jutting toward the lake. The applicant redesigned the building in response to shoreland issues. The site plan shows the building 120± feet from the OHWL. The City's shoreland ordinance states that "where structures exist on adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level..." There is a garage on the next lot that is about 120 feet from OHWL. If we had data regarding the exact location of structures on neighboring lots, a variance may not be necessary. However, granting a variance as requested is reasonable since it is likely that the neighbor's garage is about the same distance from the OHWL as the proposed building addition. Parking Setback: The setback for the parking is also 150 feet. If that is not possible, the parking lot should not be within 75 feet of the OHWL unless there are no other reasonable and feasible alternatives, and then the impacts should be minimized. The parking lot is less than 40 feet from OHWL. The DNR comments on the original plan recommended against the setback variances for the building and parking lot. Staff later spoke with DNR staff about the redesigned site plan. The DNR is less concerned now that the building does not encroach so far into the setback. The DNR recommends extra conditions to offset the negative effects of the variances. This could include extra landscaping for screening or treating runoff to meet higher standards than normally is required. The existing parking is within 75' of the OHWL. There are no reasonable and feasible alternatives to the location of the parking because of the physical characteristics of the property. The proposed improvements, including the stormwater pond, would be better than the existing situation. • Staff supports the variances for the 120± ft. distance from the OHWL for the building and the 35± ft. for the parking lot as long as the remaining issues are properly addressed.