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Schuman Variance, 6930 170th Street North Page 3 c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. Accessory structures are common within this area and are allowed in the FUS zoning district. Many of the homes around Horseshoe Lake are legal nonconforming and do not meet shoreland requirements. According to the DNR regulations, water oriented accessory structures are permitted within the shoreland district and are allowed to be as close as 10 feet from the OHW mark. Decks are considered a water oriented structure if they are 250 square feet or smaller. Because the proposed deck is greater than 250 square feet, a variance is required. It is in staff’s opinion that there are practical difficulties in meeting the shoreland setback requirements. The property owner is proposing to use the property in a reasonable manner by constructing an accessory structure. The parcel’s proximity to Horseshoe Lake, as well as the existing home and well locations, limit the buildable area of a deck. Several homes and accessory structures on Horseshoe Lake do not meet the shoreland setback requirements and the proposed deck would not alter the character of the area. (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City’s Comprehensive Plan. The spirit and intent of the ordinance is to allow water oriented accessory structures on lakeshore properties as well as to allow decks of the proposed size. The proposed deck is a reasonable request and would be keeping with the spirit and intent of the ordinance. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. Accessory buildings are allowed in the FUS zoning district. (5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. The property is not located within a FEMA designated floodplain. However, the deck will be required to meet building code regulations. (6) Septic and Well Compliance. The sewage treatment system and water system of the subject property is in compliance with city and state codes. The property is served by well and septic systems. The applicant is required to meet setback requirements in relation to the well and septic system.