10-16-2000 Planning Packet - Laserfiche WebLink

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