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Stodola Variance – 12757 Homestead Drive North <br />Page 2 <br /> <br /> <br /> 2 <br />3. ANALYSIS: <br /> <br />A. Surrounding Land Use and Zoning <br /> <br />The surrounding properties to the north, west, and south are zoned Rural Residential (RR) and <br />are designated as Large Lot Residential (LL) in the 2040 Land Use Plan. The surrounding <br />properties range from 1-3 acres in size and are occupied by single-family homes. <br /> <br />B. Natural Characteristics of the Site <br /> <br />The property has some sloping terrain with a steep slope in the rear going towards Sunset Lake. <br />The property is located within the shoreland overlay district and is subject to the shoreland rules <br />under Section 90-137 of City Code. There are no known wetlands on the site. <br /> <br />4. VARIANCE STANDARDS: <br /> <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 /> <br />(1) Law. The variance as requested is permissible by law. <br /> <br />The proposed variance is permissible by law. <br /> <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 /> <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 /> <br />Decks are allowed in the RR zoning district. The proposed deck would be constructed in- <br />line with the existing house. There is an existing line of trees and vegetation that provide <br />adequate screening from the view from the neighboring property to the south. The <br />proposed deck meets all other building requirements outlined in city code. The proposed <br />variance is a reasonable use. <br /> <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 /> <br />This property, along with several neighboring properties on the shore of Sunset Lake, <br />have houses that were likely constructed prior to the adoption of shoreland rules <br />regulating structural setbacks from lakes. A large portion of the existing house is <br />currently located within the required 100-foot setback from the OHWL of the lake. <br />Construction of the deck in a location where it meets the shoreland setback requirement <br />would place the deck in front of the house and facing the road, rather than behind the