BZ Packet 08.13.20 - Laserfiche WebLink

Home

Oman 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 building. The location of the home, well, septic system, and property boundaries make it impractical to meet the shoreland setback requirements of 200 feet. Several buildings on Horseshoe Lake do not meet the shoreland setback requirements and the proposed accessory building 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 shoreland setback requirement is to keep buildings a reasonable distance from the lakes. The existing house and several houses in the area do not meet the shoreland setback requirements. The proposed accessory building is further from the lake than the existing house. The variance request would result in the proposed accessory building being a reasonable distance from the lake, therefore, would meet 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. Accessory buildings are 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 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 well and septic systems. Any additional septic system installed must comply with city and state codes. 5. CONCLUSION: The applicant is requesting a variance from the Shoreland Overlay District setback requirements to allow an accessory building on the property. It's in staff s opinion that the applicant meets all the criteria necessary to approve the variance request. 6. RECOMMENDATION: Staff recommends approval of the variance request from Pamela Oman, 6900 1701h Street North, to allow an accessory building to be setback approximately 120 feet from the ordinary high water (OHW) mark of Horseshoe Lake, where 200 feet is required by ordinance.