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#2159 -Jundt <br />August 14, 1996 <br />Page4 <br />Staff Recommendation <br />If Planning Commission finds that the restoration of the stairway above the boat house/grotto and <br />restoration of the stairway to the north are justified by hardship, perhaps for both safety and to <br />provide reasonable access to the lakeshore, then a recommendation for approval of the stairway <br />restoration would be appropriate. <br />It is staffs opinion that it would be difficult to make the necessary findings of hardship to justify <br />allowing the existing 12'x12' "boat house" to be restored. Please review the nonconformities section <br />of the Floodplain and Wetlands Management ordinance (Exhibit I) which applies to those areas less <br />than 75' from the lake. Section 10.55, Subd. 26(8) states that "no structural alteration or addition <br />to any nonconforming structure over the life of the structure shall exceed 50% of its value at the time . <br />of its becoming a nonconforming use ... " The existing structure has been nonconforming since at <br />least 1975 or before, and the proposed construction will certainly exceed 50% of its former value. <br />Finally, if Planning Commission finds that the cosmetic changes to the grotto and the restoration of <br />the adjacent retaining wall are supported by adequate hardships, then a recommendation for approval <br />may be appropriate. Planning Commission should address whether hardcover removals are <br />necessary. <br />Options for Action <br />1. Recommend approval as proposed. <br />2. Recommend approval with conditions. <br />3. Recommend partial approval. <br />4. Table for further information. <br />5. Recommend denial, stating reasons. <br />6. Other. <br />ch <br />4