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Sec. 78-570. Yard and setback requirements. FILE 07-3323 October 14, 2007 Page 2 of 5 Within any RS seasonal recreational district, the following yard and setback requirements shall be observed for all new structures and for any addition or alteration to any existing structure, whether temporary, seasonal or permanent: (1) Minimum setback from lakeshore, all structures, including decks, fences, retaining walls, wells, on-site sewage treatment systems and land alteration of any kind, 75 feet. Sec. 78-566. Accessory uses. Within any RS seasonal recreational district, no accessory structure or use of land shall be permitted unless a permitted or conditional use is first established on such land, except as allowed in section 78-564(2). Once a permitted or conditional use exists on any lot or parcel, no accessory structure or use of land shall be permitted except for one or more of the following uses: (13) Retaining walls, not to exceed 42 inches in height, and no part of which may be located within 75 feet of the shoreline. List of Exhibits A. Application B. Hardship Documentation Form C. AreaMap D. Survey with Hardcover Calculations E. Proposed House Elevations and Plans F. City Engineer's review G. Enlarged survey with setbacks and other features annotated by Staff. H. Intent Statement for RS zoning district Background The property had flat area that extends 10 to 100 feet back from the shore. Behind this area the land rises at an approximately 22 percent grade. (See Exhibit G.) Except for the cabin and the septic system area the slope is wooded. The flat area is grass. In conjunction with the last major revision to the Seasonal Recreational zoning district regulations in 1983 the property was granted an area and width variance to allow use of the property for a seasonal dwelling. The existing seasonal dwelling on the property was constructed in 1968. It is a 702 square foot cabin on a post foundation with a 312 square foot lakeside deck. At the lake side the floor is about seven feet above grade. At the rear the floor is roughly at grade. The crawl space under the cabin is enclosed. The entire structure is within the 75-foot setback. The deck is 35 feet from the lake at one comer and 33.8 feet at the other. The cabin itself is about 44 and 45 feet from the lake. The dwelling is legal non-conforming. State statutes would allow the cabin to be totally reconstructed in its current form with a perimeter foundation or a post foundation. A variance would be required to convert the crawl space to living space because it would be an