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Oman Variance <br />Page 2 <br /> <br /> <br /> 2 <br />4. ANALYSIS: <br /> <br />A. Surrounding Land Use and Zoning <br /> <br />The properties to the north, west, and south are zoned FUS and are occupied by single family <br />homes. Horseshoe Lake is located to the east of the property. The surrounding properties are one <br />to 12 acres in size. The area is classified as Low Density Residential in the 2030 Land Use Plan. <br /> <br />B. Setback Requirement Variance <br /> <br />The Shoreland Overlay District requires a structure setback of 200 feet from the OHW mark of <br />Horseshoe Lake, however, the Minnesota DNR requires a 150 feet setback. The proposed house <br />addition is proposed to be setback 80 feet from the OHW mark of Horseshoe Lake. <br /> <br />5. VARIANCE STANDARDS: <br /> <br />The Board must review the requested variances with the standards outlined in Section 90-38 of the <br />land use regulations. Staff used these standards to review the variance request and finds the <br />following: <br /> <br />(1) Law. The variance as requested is permissible by law. <br /> <br />The proposed variance is permissible by law. <br /> <br />(2) Practical Difficulties. The applicant for a variance shall establish that there are practical <br />difficulties in complying with the provisions of the zoning regulations. The term “Practical <br />Difficulties” as used in the granting of a variance means: <br /> <br />a. Reasonable Use. The property owner proposes to use the property in a reasonable <br />manner not permitted by the zoning ordinance and; <br /> <br />By adding an addition to the house, the applicant is proposing to use the property in a <br />reasonable manner. No part of the existing building meets the shoreland setback <br />requirements, making a variance request necessary to build an addition on to the home. It <br />is in staff’s opinion that it is reasonable to request an addition to the house. <br /> <br />b. Unique Circumstances. The plight of property owner is due to circumstances unique <br />to the property not created by the landowner and; <br /> <br />The property is unique in that the existing building is legal nonconforming to shoreland <br />setback requirements and the entire property is located within 200 feet of the OHW mark. <br />No part of the existing building meets shoreland setback requirements. The proposed house <br />addition is restricted in location due to the existing design and layout of the house. <br />Additionally, the surrounding properties have buildings within similar distances to the <br />OHW mark. <br />