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Board of Zoning and Adjustments Meeting—June 26, 2014- page 2 <br />Fitzsimmons — Variance from shoreland setback requirement for a construction from a <br />house <br />Planner, Rachel Juba, presented on a proposed variance to allow for construction of a house and <br />deck to be located within the required setback of Horseshoe Lake. The applicant is requesting a <br />variance to locate a house and deck 96 feet for the ordinary high water mark of Horseshoe Lake, <br />where a 200 foot setback is required by ordinance. The applicant is proposing to demolish the <br />existing house, which if 96 feet from the ordinary high water mark, and deck to construct a new <br />house (1,800 square feet) and deck (12'x22') in the same location. The property is located at <br />17340 Henna Avenue North and is zoned Future Urban Service (FUS). <br />Juba presented on the criteria staff uses to evaluate variances, most notably: reasonable use, unique <br />circumstances, character of neighborhood, and spirit and intent. The existing house is at 96 feet <br />from the original high water mark of Horseshoe Lake and on the highest point of the property. <br />There are also several structures on the lake that do not meet the shoreland setback requirement so <br />there would be no alteration from the character of the area. The location of the existing septic <br />system makes it difficult to build at the shoreland setback requirement of 200 feet. It's in staff <br />opinion that there are practical difficulties in meeting the shoreland setback requirements. Staff <br />recommended approval of a variance to allow construction of a house and deck with the shoreland <br />setback requirement of Horseshoe Lake for the property located 17340 Henna Avenue North. <br />Chairman Gwynn opened the public hearing. No one from the public commented. Chairman <br />Gwynn closed the public hearing. <br />Gwynn made a motion, Boland seconded, to recommend the approval to the City Council the <br />variance to allow construction of an accessory building to be in front of the principal structure <br />for the property located at 12150 Upper Heather Avenue North. <br />All Ayes. Motion carried. <br />Adjournment <br />Gwynn made motion, Boland seconded, to adjourn at 6:47 p.m. <br />All Ayes. Motion carried. <br />Connor Schaefer <br />Community Development Intern <br />