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Pertinent Code Section <br />1.Section 10.56, Subdivision 16 (L) (1) prohibits hardcover within 75' of the ordinary high <br />water level (OHWL) of a tributary. <br />f: <br />4 <br />r <br />Analysis <br />Air photos indicate the preexisting deck was constructed sometime beUveen the mid 1970 ’s to the <br />early 1980's. The City does not have a permit on file for the deck. The replacement deck would <br />include two areas that were not part of the original structure. Please refer to the site plan attached <br />as Exhibit C. At its’ closest point, the deck would not encroach nearer to the protected tributary than <br />the old deck (48* from the OHWL). <br />A deck would continue to provide a landing for a sliding glass door located at the rear of the house. <br />The additional 6' at the south end would not be required for access to the door. The closest the added <br />6' would encroach to the tributary is 70' where 75' is required. <br />Hardship <br />Ihe applicant has included his hardship statement as part of Exhibit A. The original deck would <br />have Iteen constructed prior to the adoption of the Shoreland Ordinance. The Shoreland Ordinance <br />applies to non-lakeshore property. Section 10.22, which is the ordinance that regulated hardcover <br />prior to 1992, applies only to lots zoned Lakeshore Residential and only to lakeshore properties. The <br />applicant’s propert>' is zoned RR-IB and is not a lakeshore property. <br />Staff Recommendation <br />Staff makes the following recommendation: <br />To approve the variance application to permit replacement of a deck and adding 6' to the size of the <br />deck based on the following finding: <br />1.A deck has existed for many years in the location of the new deck. The additional 6' of deck <br />would be located 70' from the lakeshore and partially outside of the 75' setback. <br />2. 'fhe house and deck were constructed prior to the adoption of the zoning ordinance. <br />3. The deck would not encroach closer to the creek than the preexisting deck. <br />4.The deck is located on an area of the property that is generally flat and does not slope directly <br />to the creek. This condition allows for surface water to infiltrate into the ground better than <br />property with varying topography. <br />#2610 Jerome J. Hall <br />80 Leaf Street <br />After-the-Fact Variance <br />Page 2 <br />- Public Hearing