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