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Schuman Variance B. Setback Requirement Variance The Shoreland Overlay District requires a structure setback of 200 feet from the OHW mark of Horseshoe Lake however, the Minnesota DNR requires a 150 feet setback. The deck is proposed to be setback approximately 90 feet from the OHW mark of Horseshoe Lake. 4. VARIANCE STANDARDS: The Board must review the requested variances with the standards outlined in Section 90-38 of the land use regulations. Staff used these standards to review the variance request and finds 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, By constructing a deck on the property, the applicant is proposing to use the property in a reasonable manner. No part of the property meets the shoreland setback requirements, therefore making a variance request necessary for any construction on the property. It is in staff s opinion that it is reasonable to request a deck to be built on the property. 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 existing home on site is legal nonconforming to the shoreland setback requirements. The proposed detached deck is positioned to meet setback requirements from the existing well. Additionally, the surrounding properties also have buildings and accessory structures within similar distances to the OHW mark. 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. N