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Shoreland Ordinance created a 150 ’ structure setback from French Lake, whereas only a 26' wetland <br />setback was required before 1992. French Lake was considered as merely a wetland before it was <br />redesignated as a Natural Envirotunent Lake by the Shoreland Ordinance. The ordinance was <br />adopted by Council with the understanding it would create non-conforming lots in the French Creek <br />Subdivision. The subject proprerty owner ’s house now encroaches into the required 150 ’ setback. <br />The property is served with a septic s\ stem. The septic system is currently non-compliant and must <br />be replaced by 12/31/2007. It has a capacity for 4 bedrooms, and this addition will not add to the <br />total number of bedrooms. Therefore a larger septic system is not required at this time. On-Site <br />Systems Manager, Matt Bolterman. reviewed the proposed additions regarding location to the <br />existing septic system. (E.xhibit 1). <br />Statement of Hardship : <br />The property was developed prior to the adoption of the Shoreland Ordinance. A large portion of <br />the lot, including the existing home encroach into the 150 ’ structure setback from Natural <br />Environment Lakes. <br />The applicant ha.s provided a written explanation - Exhibit D. <br />Issues; <br />1. The home was built in its present location in 1979 prior to the Shoreland Regulations adopted <br />by the City in 1992. <br />2. The entire residence is located within 150' of the lake where no structural hardcover is <br />allowed. The entire structure is non-conforming. <br />3. The improvements do result in new structural coverage, however well below the allowed <br />15%. <br />4. The applicant cannot expand upon his residence without obtaining a variance as a result of the <br />new Shoreland Regulations. <br />5. The property is fairly wooded. The adjacent properties cannot be seen from the applicants <br />property, hence the average setback encroachment impact is minimal. <br />6. The expansion outward rather than upward will result in less visual impact as viewed from <br />across the lake. <br />7. Other issues raised by the Planning Commission. <br />Staff Recommendation ; <br />Staff recommends approval of the variances for the garage addition and new entry way. <br />no I-2709 Richard R. Shull <br />2285 French Lake Road <br />Variances <br />9/ia200l <br />Page 2