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Stodola Variance – 12757 Homestead Drive North Page 3 3 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. (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 where the deck is proposed is not located within a FEMA designated floodplain. (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 a well and septic system.