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Stodola Variance – 12757 Homestead Drive North Page 3 3 b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; This property, along with several neighboring properties on the shore of Sunset Lake, have houses that were likely constructed prior to the adoption of shoreland rules regulating structural setbacks from lakes. A large portion of the existing house is currently located within the required 100-foot setback from the OHWL of the lake. Construction of the deck in a location where it meets the shoreland setback requirement would place the deck in front of the house and facing the road, rather than behind the house and facing the lake. Any deck on the east side of the house would require a variance. The requested variance is due to unique circumstances. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The deck would be placed behind the house, meaning that it would not be visible from view of the road, and will be screened from the view of adjacent properties by existing trees. The view from the public water would not be significantly altered because the deck is proposed to be constructed in-line with the existing house. The requested variance would not alter the essential character of the neighborhood, It is in staff’s opinion that the proposed deck has practical difficulties in meeting the ordinance standard. (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 minimum setbacks outlined in the shoreland ordinance is to protect the view from public waters from being dominated by buildings. The deck would be constructed in-line with the existing house, and would not significantly alter the view of the house from the lake. The Minnesota Department of Natural Resources (DNR) administers the state shoreland rules (MR 6120.2500 – 6120.3900) and makes recommendations on variance requests for local shoreland ordinances. The DNR area hydrologist has reviewed the proposal, and recommends that if the variance is approved that the City apply conditions to mitigate potential impacts. Staff is requiring that all existing trees will remain as a condition of approval in the variance resolution. Staff is of the opinion that the requested variance meets the spirit and intent of the shoreland ordinance. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. Decks are permitted in the RR zoning district.