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• <br />• <br />AGENDA ITEM 6.B. <br />STAFF ORIGINATOR: Paul Bengtson <br />CC MEETING DATE: December 8, 2008 <br />TOPIC: Resolution No. 08 -134 <br />Variance to the Shoreland Ordinance <br />Ordinary High Water Setback <br />1801 77th Street <br />BACKGROUND <br />Ron Marier has requested approval of a Variance from the Ordinary High Water Level <br />(150 feet) of Peltier Lake to allow a garage /home addition to replace the storm damaged <br />attached garage. The structure was removed by the applicant, and upon applying for a <br />building permit for the reconstruction, staff informed the applicant that the decrease in <br />the setback from the lake caused by slightly reconfiguring the structure would not be <br />allowed under the strict enforcement of the Shoreland Ordinance. He was issued a <br />building permit for a portion of the structure that would be within the original garage's <br />footprint so that he could close the structure to the elements, and also received a permit <br />to rebuild the deck structure. <br />The property is located on the eastern shore of Peltier Lake just north of the intersection <br />of Peltier Lake Drive and 77th Street. <br />The Planning and Zoning Board requested revised drawings, which limits the setback <br />encroachment to being no greater than the previous garage structure, however since <br />the proposed addition does not follow the exact footprint of the old structure, a variance <br />is still required. <br />ANALYSIS <br />Comprehensive Plan, Land Use and Zoning: The table below identifies the existing <br />land use and zoning as well as guided land uses for the area. <br />Location <br />Existing Land Use <br />Guided Land Use <br />Existing <br />Zoning <br />Site <br />Residential <br />Low Density Sewered Residential <br />Rural <br />North <br />Residential <br />Low Density Sewered Residential <br />Rural <br />South <br />Residential <br />Low Density Unsewered Residential <br />Rural <br />East <br />Residential <br />Low Density Sewered Residential <br />Rural <br />West <br />Peltier Lake <br />Peltier Lake <br />Peltier Lake <br />