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understanding that the variance is now required because the DNR is deeming the inclusion <br />of the plumbing as an intensification of use. In this instance the inclusion of the sink, <br />toilet, and shower serve as a benefit directly for use by people recreating at the lake and <br />maintaining and cleaning recreational equipment and attire. Given the grading on site, <br />basic facilities like a toilet are not accessible to ageing family and friends currently, the <br />inclusion of these fixtures is to allow for a greater level of accessibility for all people to the <br />lake. <br />It is our understanding that the intent of this portion of the code is to ensure that the <br />lakeshore is preserved in a manner in which the character of the shoreline is maintained <br />and to limit the density of residential areas of the city to only the allowed densities. <br />Although the inclusion of plumbing in the proposed boathouse may be an intensification of <br />use, the intent of the owners is that this will remain a structure for storage for lake activities <br />and a spot of rest during the day, not for dwelling purposes. In recognition of this fact, and <br />in conformance with Section 78-1437(3), the homeowners are prepared to sign a covenant <br />confirming that the structure will not be used for a home occupation or rented, leased, or <br />provided for use as a dwelling. In signing this covenant, the lakeshore will remain a place <br />for recreation, but not for dwelling. <br />Floodplain Management Provisions <br />With regards to Section 78-1147(c) we would note that as stated above, there will be no <br />increase in flood levels as a result of the variance. The grading plan has been specifically <br />designed so that there will be no net change in the flood storage capacity of the site (in fact <br />the site will allow for more flood water storage on site than currently exists). Without these <br />variances, the homeowner would not be able to reconstruct their existing structure to meet <br />the minimum flood protection elevation requirements of the MCWD. Lastly, the variances <br />in question will not increase flood heights, or substantially alter the character of the <br />location, or cause a nuisance to the neighboring properties. <br />91