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11 CITY OF ST. ANTHONY RESOLUTION 12-016 RESOLUTION TO APPROVE A REQUEST FOR A VARIANCE TO THE LAKESHORE ORDINANCE FOR SILVERWOOD PARK LOCATED AT 2500 COUNTY ROAD E WHEREAS, a Public Hearing was scheduled with the Planning Commission for January 17, 2012 and commenced at 7:05 PM to consider the property owner's request for an one hundred seventeen (1.17) foot variance to the 200 foot lakeshore setback as required by the City's Recreational/ Open Space Ordinance at §152.159, DIMENSIONAL REGULATIONS (C); WHEREAS, Tom Moffatt, Three Rivers Park District, presented the 117 foot variance request that if approved, would allow the Park District to construct a 12' x 18' boat storage and rental shed 83 feet from Silver Lake shoreline; and WHEREAS, locating the boat storage and rental shed 200 feet back from the shoreline would pose a public safety concern for park attendant's because the view of the lake is obstructed by shrubs and trees; and WHEREAS, two hundred feet puts the shed just over the crest of a steep hill creating an additional impediment to a park attendant's response to an emergency; and WHEREAS, not having the immediate access to the lake, the proposed shed would create a dangerous situation for park visitors; and WHEREAS, the applicant is required to provide evidence that discloses facts that are unique to the subject property, that strict enforcement would cause practical difficulties, preventing the subject property to be used in a reasonable manner; that the plight of the landowner is due to circumstances unique to the property and not created by the landowner; that the variance if granted will not alter the essential character of the locality; and that economic considerations alone are not the basis of the practical difficulties; and WHEREAS, the Planning Commission found that the applicant did provide information that the property cannot be put to a reasonable use without the variance; and WHEREAS, the Findings of Fact established by the Planning Commission is based on the report from Staff, the Applicant and Public testimony are as follows: 1. Silverwood Park is zoned Recreational/ Open Space (ROS), which is the current and appropriate zoning district. 2. The proposed boat and rental shed is an allowable use under §152.158 Accessory Uses (C) for the storage of equipment, provided no hazardous materials are stored in the shed and fuel for a 9HP outboard motor is limited to five (5) gallons.