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Lakeview Family Dentistry — Site plan and variance requests Page 5 c. Character ofNeiahborhood. The variance, ifgranted, will not alter the essential character of the neighborhood. The variance request does not alter the essential character of the neighborhood as the proposed addition is consistent with the Downtown Design Guidelines. Additionally, there are other properties that fall within the Egg Lake Shoreland Overlay District with similar building proximities to the OHW level. It is in staff s opinion that there are practical difficulties in meeting the building setback requirement from the OHW level of Egg Lake. It is reasonable for the applicant to expand their existing business and the proposed building addition will not alter the character of the neighborhood. The property has unique circumstances that make meeting the ordinance requirements difficult and the location of the existing building limits the location of the proposed addition. (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 ensure that buildings are located a reasonable distance away from the OHW level of water bodies and to limit the impact on natural resources. The City Ordinance requires that the building setback from the OHW level is 100 feet. The MN State Statute Chapter 6120 requires the OHW level building setback of 75 feet on sewered lots along recreational development lakes, which is less restrictive than City standards. It is in staffs opinion that 61.4 feet is a reasonable setback from the OHW level of Egg Lake and the proposed building additional will not impede on the natural elements of the site. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. The use of the site is permitted in the C-I 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 building addition will be required to meet building code regulations regarding low floor separation from 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.