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Lakeview Family Dentistry — Site plan and variance requests Page 4 the groundwater elevation. (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 City sewer and water. It is in staff s opinion that the application meets the criteria outlined in the City Code to approve a variance. C. Variance from the Ordinary High Water (OHW) Level Building Setback Requirement The Shoreland Overlay District requires a 100 foot building setback requirement from the OHW level of Egg Lake. The applicant is proposing a building setback of 61.4 feet from the OHW level of Egg Lake, therefore requiring a variance. Staff used the standards outlined in Section 90-38 of the City Code and found the following: (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; The applicant is proposing to use the property in a reasonable manner by adding on to the existing building and expanding business operations. A significant portion of the property does not meet the building setback requirement for the Shoreland Overlay District, therefore making it difficult to conform to ordinance standards. The proposed site plan meets all other setback requirements. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property is unique in that the shape, size, and location of the existing building limit the location of the proposed addition. The location of the addition is also limited due to the parking requirements that are necessary to meet the expanded business use. The proposed building location is located in the most feasible area due to existing circumstances.