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STAFF REPORT To: Chair and Planning Commission Members From: Kim Moore, Assistant City Manager Date: January 17, 2012 Subject: Silverwood Park — Lakeshore Setback Variance Requested Action: Public Hearing Date A plication Received: Property Address: Zoning District: 60 -Day Expires: Waiver Letter Reauired: Future Action: 12/13/2011 2500 Co. Rd. E Recteation /Open Space (ROS) February 1, 2012 Yes Date Sent: City Council Action No Bac round: Staff met with Mr. Tom Moffat, Three Rivers Park District, regarding the possibility of siting a canoe rental /storage shed immediately adjacent to existing fishing piers and trails. He was advised that the storage shed is required to be located at least 200 feet from the lake shore ( §152.159 DIMENSIONAL REGULATIONS (C)). Mr. Moffatt reported that the Park District would like to construct a 12' x 18' (216SF) canoe rental /storage shed approximately 80 feet from Silver Lake, itmediately adjacent to the fishing pier and trails. The Park District is requesting a 120 -foot variance to the 200' setback requirement because compliance would locate this storage and rental shed a significant distance from the launch area. Locating the proposed shed 200 feet from Silver Lake's edge poses a public safety situation for rental attendants staffing the location because trees and shrubs would block the view of the Lake, preventing direct observation of renters. Additionally, 200 feet from the Lake is up a fairly steep hill further impeding an attendant's response to any emergency situation. Not having immediate access to the Lake for the attendants creates a dangerous situation for visitors to the Park. Analysis. Three Rivers Park District has submitted an application for a variance to the City of St. Anthony Zoning Code, §152.159 (C), Lake Setback to allow for the construction of a 12'x 18' (216SF) canoe and kayak rental shed to be situated approximately 80 feet from the Silver Lake shoreline. Application Review As part of the application process, the applicant is required to provide evidence that discloses facts that are unique to the subject property. Section 152.245 of the City Ordinance outlines the requirements that must be addressed to qualify for a variance and the process by which a variance is granted. Specifically Section 152.245 (C) states that no variance will be granted unless evidence presented supports the following facts and that strict enforcement would cause practical difficulties because: