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02-17-2026 Planning Commission Regular Meeting
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02-17-2026 Planning Commission Regular Meeting
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LA26-000001 <br />17 February 2026 <br />Page 4 of 4 <br />These properties are subject to the shoreland overlay district standards. The average lakeshore <br />setback is inconsistent in this area as the OHWL does not impact all properties, such as the subject <br />property's immediate neighbor, 920 Brown Road South. Given the size of the subject property, <br />sightlines over the OHWL will not be impacted. This criterion is met. <br />The conditions do not apply generally to other land or structures in the district in which the <br />land is located: <br />The impacts of the OHWL and the shoreland overlay district standards vary from property to <br />property. The subject property is significantly more encumbered than its neighbors due to its size <br />and orientation of the property. The application of the average lakeshore setback in this area does <br />not protect sightlines and instead places a difficulty on property owners already impacted by <br />wetlands and the floodplain. This criterion is met. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant: <br />A variance is necessary for the applicant to reasonably build a residence on the property away <br />from Brown Road South. As sightlines are not impacted, the average lakeshore setback impedes <br />the property rights of the owner. This criterion is met. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter: <br />The variance to construct the proposed home will not impact the health, safety, comfort and <br />morals of other residents in the area. The variance meets the intent of the average lakeshore <br />setback where the lake views on adjacent properties will not be impacted. This criterion is met. <br />12. The granting of such variance will not merely serve as a convenience to the applicant but is <br />necessary to alleviate demonstrable difficulty: <br />The granting of the requested variance is reasonable and would alleviate a significant difficulty <br />placed on the owner. This criterion is met. <br />The Commission may recommend or Council may impose conditions in granting of variances. Any <br />conditions imposed must be directly related to and must bear a rough proportionality to the impact <br />created by the variance. No variance shall be granted or changed beyond the use permitted in this <br />chapter in the district where such land is located. <br />Public Comments <br />No public comments have been received as of the submittal of this report. <br />Planning Staff Recommendation <br />Planning Staff recommends approval as applied. <br />List of Exhibits <br />Exhibit A. Staff Report <br />Exhibit B. Application Summary <br />Exhibit C. Aerial Imagery <br />Exhibit D. Practical Difficulty Statements <br />Exhibit E. Site Plan & House Details <br />Exhibit F. Mailing List & Map <br />9 <br />
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