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Oman Variance <br />Page 3 <br /> <br /> <br /> 3 <br />c. Character of Neighborhood. The variance, if granted, will not alter the essential <br />character of the neighborhood. <br /> <br />Single family homes are common within this area and are allowed in the FUS zoning <br />district. Many of the homes around Horseshoe Lake are legal nonconforming and do not <br />meet shoreland requirements. The proposed setback variance would not noticeably alter <br />the character of the area. <br /> <br />It is in staff’s opinion that there are practical difficulties in meeting the shoreland setback <br />requirements. The property owner is proposing to use the property in a reasonable manner with <br />adding an addition to the house. The location of the house and property boundaries make it <br />infeasible to meet the shoreland setback requirements of 200 feet. Several buildings on Horseshoe <br />Lake do not meet the shoreland setback requirements and the proposed addition would not alter <br />the character of the area. <br /> <br />(3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent <br />of this chapter and with the policies of the City’s Comprehensive Plan. <br /> <br />The spirit and intent of the shoreland setback requirement is to keep buildings a reasonable distance <br />from the lakes. The existing house and several houses in the area do not meet the shoreland setback <br />requirements. The proposed building addition is further from the lake than the existing house. The <br />variance request would result in the proposed addition being a reasonable distance from the lake, <br />therefore, would meet the spirit and intent of the ordinance. <br />(4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use <br />prohibited in the district. <br />Adding an addition to the house is allowed in the FUS zoning district. <br />(5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood <br />protection than required by this chapter. The variance shall be determined the minimum <br />necessary, considering the flood hazard, to afford relief, and the variance shall not be issued <br />within any designated regulatory floodway if any increase in flood levels during the base flood <br />discharge would result. <br />The property is not located within a FEMA designated floodplain. However, the building addition <br />will be required to meet building code regulations regarding low floor separation from the <br />groundwater elevation. <br />(6) Septic and Well Compliance. The sewage treatment system and water system of the subject <br />property is in compliance with city and state codes. <br /> <br />The property is served by well and septic systems. Any additional septic system installed must <br />comply with city and state codes. The applicant will be required to get a permit from Washington <br />County for the house addition in relation to septic system compliance. <br /> <br />5. CONCLUSION: <br />