2024.11.18 RESO 2024-56 Variance for Deck at 12757 Homestead Drive

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RESOLUTION 2024-56 APPROVING A VARIANCE TO ALLOW CONSTRUCTION OF A DECK WITHIN THE SHORELAND SETBACK REQUIREMENTS OF SUNSET LAKE FOR THE PROPERTY LOCATED AT 12757 HOMESTEAD DRIVE NORTH WHEREAS, Jim and Laurie Stodola have requested approval of a variance to allow construction of a proposed deck to be located 56 feet from the ordinary high-water level of Sunset Lake, where a setback of 100 feet is required by ordinance, on property legally described as follows: Lot 10, Block 1, Royalhaven Estates, Washington County, Minnesota. WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said variance at a duly called public hearing on November 14, 2024, and recommends approval with the following findings and conditions: 1. The proposed facilities shall be in adherence to the site plan dated September 26, 2024. 2. The proposed variance is permissible by law. 3. The proposed deck would be constructed in-line with the rear of the existing house, there are existing mature trees that provide screening from the view of neighboring properties, and the proposed deck meets all other building requirements, establishing the deck as a reasonable use. 4. The existing house is already located within the minimum shoreland setback, and construction of the deck in a location that meets the shoreland rules would place the deck in front of the house, facing the road and significantly altering the view of the house from the road, creating unique circumstances that are not created by the landowner. 5. The proposed deck would be located behind the house, and will be screened from the view of neighboring properties by existing trees. The proposed deck being constructed in-line with the existing house will not significantly alter the view from the public water. The requested variance will not alter the essential character of the neighborhood. 6. There are practical difficulties in meeting the ordinance standards. 7. The spirit and intent of the setbacks within the shoreland ordinance is to protect the view from public waters from being dominated by buildings. Since the deck will be constructed in-line with the existing house, the requested variance will not significantly alter the view of the house from the public water. The variance as requested meets the spirit and intent of the ordinance. 8. The use is allowed in the RR zoning district. 9. The property is not located within a floodplain area. 10. The property is served by City sewer and water.