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City of Lake Elmo Washington County, Minnesota Resolution No. PZ 99 -69 A RESOLUTION REGARDING A SHORELAND STANDARDS VARIANCE dames ,Marchio — 8130 Hill Trail North WHEREAS, The Lake Elmo Planning Commission has reviewed and heard testimony regarding the application of James Marchio, to vary from the standards of Section 325.06 — Shoreland Standards Subd.. 4.A. Placement, Design and Height of Structures, A. of the Lake Elmo City Code with respect to the property described as follows: 8130 Hill Trail forth WHEREAS, said variances is described as follows: 1. To permit structure setback to ordinary high water mark from 100 feet to 72 feet. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo Planning Commission does hereby make the following findings concerning said variance: 1. Extraordinary and substantially unique circumstances apply to the property which do not generally apply to other properties in the vicinity or elsewhere in the Shoreland District, by the nature of the existing covered deck appurtenance to the house, which pre -dates Shoreland Standards - uncommon occurrence in the City. No additional set back encroachment or impervious site coverage would result from the variance. 2. Property owners in the R -1 zoning district typically enjoy the right to enclose covered decks. To deny this property owner that right by literal interpretation of Shoreland Standards, under the unique circumstances presented, would reasonably deprive this applicant of those normally enjoyed rights. 3. The existing circumstances of a covered porch within 72 feet of the Ordinary High Water Level pre -date the applicant's ownership of the site and the existence of Shoreland Standards. 4. Due to the unique physical circumstances of the existing site/structure and the historic circumstances of the site, no special privilege will be conferred to the applicant by the approval of this variance. 5. There is no alternate or lesser variance that could be granted to accomplish the applicant's plan. 6. Due to the heavily wooded nature of the immediate vicinity and the location of the structure nearly 30 feet above the lake, the variance would not be detrimental to surrounding properties or the shoreland Standards of the Zoning Ordinance. 7. Minnesota DNR has reported that is does not object to approval of this variance.