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Oman Variance <br />B. Setback Requirement Variance <br />The Shoreland Overlay District requires a structure setback of 200 feet from the OHW mark of <br />Horseshoe Lake, however, the Minnesota DNR requires a 150 feet setback. The accessory <br />building is proposed to be setback approximately 120 feet from the OHW mark of Horseshoe <br />Lake. <br />4. VARIANCE STANDARDS: <br />The Board must review the requested variances with the standards outlined in Section 90-38 of <br />the land use regulations. Staff used these standards to review the variance request and finds the <br />following: <br />(1) Law. The variance as requested is permissible by law. <br />The proposed variance is permissible by law. <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 />a. Reasonable Use. The property owner proposes to use the property in a reasonable <br />manner not permitted by the zoning ordinance and, <br />By constructing an accessory building on the property, the applicant is proposing to use <br />the property in a reasonable manner. Only a small part of the property meets the <br />shoreland setback requirements, therefore making a variance request necessary for any <br />construction on the property. The proposed accessory building will meet all other setback <br />requirements. It is in staff s opinion that it is reasonable to request an accessory building <br />on the property. <br />b. Unique Circumstances. The plight of property owner is due to circumstances unique <br />to the property not created by the landowner and, <br />The property is unique in that all of the existing buildings on site are legal <br />nonconforming to the shoreland setback requirements. The proposed accessory building <br />is restricted in locations due to the existing home, well, and septic system on site. <br />Additionally, the surrounding properties also have buildings within similar distances to <br />the OHW mark. <br />c. Character of Neighborhood. The variance, if granted, will not alter the essential <br />character of the neighborhood. <br />Accessory buildings are common within this area and are allowed in the FUS zoning <br />district. Many of the homes around Horseshoe Lake are legal nonconforming and do not <br />meet shoreland requirements. The proposed accessory building size is permitted by City <br />Code and the proposed setback variance would not noticeably alter the character of the <br />area. <br />W <br />