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Oman Variance, 6900 170th Street North <br />Page 2 <br /> <br /> <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 2040 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 accessory <br />building is proposed to be setback approximately 120 feet from the OHW mark of Horseshoe <br />Lake. <br /> <br />5. VARIANCE STANDARDS: <br /> <br />The Board must review the requested variances with the standards outlined in Section 90-38 of <br />the 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 constructing an accessory building on the property, the applicant is proposing to use <br />the property in a reasonable manner. Only a small part of the property meets the <br />shoreland setback requirements, therefore making a variance request necessary for any <br />construction on the property. The proposed accessory building will meet all other setback <br />requirements. It is in staff’s opinion that it is reasonable to request an accessory building <br />on the property. <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 all of the existing buildings on site are legal <br />nonconforming to the shoreland setback requirements. The proposed accessory building <br />is restricted in locations due to the existing home, well, and septic system on site. <br />Additionally, the surrounding properties also have buildings within similar distances to <br />the OHW mark.