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Zoning File #1737 <br />October 13, 1992 <br />Page 3 <br />the installation of retaining walls with land alterations within <br />lakeshore yards where severe erosion had taken place. <br />The gazebo and deck did not exist prior to 1975. This has been <br />confirmed by a member of the Planning Commission who visited the <br />property in the early '80s and in conversations with the Building <br />Official in 1987 who had been involved with the inspections on that <br />property at the time of the original garage addition and the time of <br />the fire. It was Tom Jacobs who alerted the staff to the appearance <br />of the lakeshore structures after the 1987 storm. <br />Mr. Indritz's addendum references Section 10.03, Subd. 5 <br />concerning non-conlorming uses. The City does not grant conditional <br />use permit'^ for non-conforming structures but only structures that <br />have non-conforming uses. Non-conforming structures are reviewed <br />under a variance application if such structure:s are to be reinstalled <br />or to receive structural improvement. <br />The 1984 amendment referenced in Mr. Indritz's letter was not the <br />first time the code prohibited accessory structures from placement <br />within the 75' setback area. Accessory and principal structures were <br />always prohibited from the 75' setback area. The '84 code was to <br />insure that accessory structures would now become subject to the <br />average lakeshore setback ordinance. Once again, hardcover <br />restrictions were established in 1975 and not in 1984 at the time of <br />recodification . <br />Mr. Indritz's report does site other valid hardships such as <br />shape of the lot, fact that the majority of the area of the 19,100 <br />s.f. of lot is located within the 0-75' setback (15,000 s.f.), <br />approximately 744 s.f. of hardcover within the 0-75' setback area has <br />been installed because of the historic erosion problems of the <br />lakeshore banks that were magnified at the time of the 1987 storm. <br />Applicant has provided written confirmation that deck and gazebo <br />structure had existed prior to the 1987 storm. <br />Options of Action <br />Approval as proposed; or <br />Approval subject to additional hardcover removals. In your <br />approval recommendation, please establish a reasonable deadline <br />date for the removal of the hardcover; or <br />Denial of the amended proposal requiring immediate removal of the <br />lakeshore deck and gazebo within the 0-75' setback area and <br />recommend a deadline date for the removal of the structures.