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Lakeview Family Dentistry Site Plan and Variance Requests <br />ensure adequate parking for various users. The proposed impervious surface percent is still well <br />below what is allowed in the C-1 zoning district, meeting 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 />The use of the site is permitted in the C-1 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 <br />addition will be required to meet building code regulations regarding low floor separation from <br />the 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 City sewer and water. <br /> <br />It is in staff’s opinion that the application meets the criteria outlined in the City Code to approve <br />a variance. <br /> <br />C. Variance from the Ordinary High Water (OHW) Level Building Setback <br />Requirement <br /> <br />The Shoreland Overlay District requires a 100 foot building setback requirement from the OHW <br />level of Egg Lake. The applicant is proposing a building setback of 61.4 feet from the OHW <br />level of Egg Lake, therefore requiring a variance. <br /> <br />Staff used the standards outlined in Section 90-38 of the City Code and found the 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 />The applicant is proposing to use the property in a reasonable manner by adding on to the <br />existing building and expanding business operations. A significant portion of the property