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Pertinent Code Sections <br />1. Section 10.22,Subd. I (B)andSection!0.56,Subd. 16(CK6): AverageLakeshoreSetback:The <br />average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of <br />the residence buildings on the immediately adjacent lakeshore lots. Variance Request: To permit <br />a variance to encroach 25 ’ into the average lakeshore setback. <br />2. Section 10.03, Subd. 9(CX3): Setbacks for Oversize Accessory Structure: No <br />oversizeaccessoiy structure shall be located less than 30' from the side or rear lot line. Variance <br />Request: To permit a variance to allow an oversized accessory structure to be located 9.6 feet from <br />the street property line. <br />3. Section 10.03, Subd. 9 (E): Oversized Accessory Structure: In all "R" Districts no accessory <br />building shall exceed 1,000 square feet of footprint area except that accessory structures in excess <br />of 1,000 square feet will be allowed under the following conditions: <br />A. Not more than one Oversized Accessory Structure (OAS) shall be permitted on any <br />property. An "Oversized Accessory Structure" is defined as an accessory structure of <br />footprint area in excess of 1,000 square feet. <br />B. Oversized Accessory Structures are regulated by the following table: <br />Lot Area <br />0-1.99 acre <br />2.00-3.00 acre <br />Maximum Individual <br />Accessory Structure <br />Footprint Area <br />1,000 s.f. <br />1,200 s.f. <br />Maximum Allowed <br />Total of AH Accessory <br />Structure Footprint Areas* <br />on a Property <br />2,000 s.f. <br />2.400 s.f. <br />Statement of Hardship <br />The applicants have included their statement of hardship in Exhibit D. The applicant should also <br />be asked for their testimony regarding this issue. <br />Issues for Consideration <br />1 . The room addition meets lot coverage by structures, setbacks and hardcover requirements <br />for the property. The original existing house was built prior to lakeshore regulations. <br />2. The proposed room addition lies behind the average lakeshore setback approval in 1991. <br />M2-2742 Douglas and Roban Smith <br />4193 Higfnvood Road <br />Variancts <br />1/4/2002 <br />Pagt2