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This application requires the following variances: <br />1.A variance to the PRD approval resolution number 1692 to allow a rear yard encroachment. <br />The applicant has proposed a 28' rear yard setback to allow a pool and patio where 35' is <br />required. <br />2.Section 10.56, Subdivision 16 (C) (1) Structural setbacks for Natural Environmental Lakes: <br />To permit a swimming pool and patio to be setback 91' from a Natural Environment lake <br />where 150' is required for structure. <br />The lot was developed in 1985 prior to the adoption of the Shoreland Ordinance (1992). The <br />Shoi’eland Ordinance created a 150' structure setback from Natural Environment lakes, <br />whereas, 75' was required before 1992. The ordinance was adopted with the understanding <br />it would create non-conforming lots in the French Creek Subdivision. The subject property <br />owner's house now encroaches into the required 150' setback. Prior to the adoption of the <br />Ordinance the lot was conforming. <br />PLANNING COMMISSION RECOMMENDATION: <br />The Planning Commission recommended by a 4 to 0 vote to: <br />Approve the variances as proposed, <br />STAFF RECOMMENDATION: <br />To recommend approval of the variances to permit the swimming pool and attached patio structure. <br />COUNCIL ACTION REQUESTED <br />To adopt or amend the enclosed resolution,