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Schuman Variance It is in staff s opinion that there are practical difficulties in meeting the shoreland setback requirements. The property owner is proposing to use the property in a reasonable manner by constructing an accessory structure. The parcel's proximity to Horseshoe Lake, as well as the existing home and well locations, limit the buildable area of a deck. Several homes and accessory structures on Horseshoe Lake do not meet the shoreland setback requirements and the proposed deck would not alter the character of the area. (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 allow water oriented accessory structures on lakeshore properties as well as to allow decks of the proposed size. The proposed deck is a reasonable request and would be keeping with the spirit and intent of the ordinance. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. The proposed deck is allowed in the FUS 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 deck will be required to meet building code regulations. (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 well and septic systems. The applicant is required to meet setback requirements in relation to the well and septic system. 5. CONCLUSION: The applicant is requesting a variance from the Shoreland Overlay District setback requirements to allow a deck on the property. It's in staffs opinion that the applicant meets all the criteria necessary to approve the variance request. 6. RECOMMENDATION: Staff recommends approval of the variance request from Lori Schuman, 6930 170th Street North, to allow deck to be setback approximately 90 feet from the ordinary high water (OHW) mark of Horseshoe Lake, where 200 feet is required by ordinance. ATTACHMENTS: 1. Resolution 2. Location Map