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i <br /> `' FILE#09-3410 <br /> 8 June 2009 <br /> Page 3 of 4 <br /> Hardcover Variance <br /> In 1987 when the home was constructed, the northern portions of the property along <br /> Ferndale Marsh were considered wetland-adjacent as opposed to today's interpretation <br /> of the wetland as a continuation of the lake and viewed as lakeshore. For this reason <br /> the existing hardcover numbers may seem excessive. In order to construct the addition <br /> the applicant is requesting to add 279 square feet of additional structural hardcover. <br /> Wetland & Lake Setback Variance <br /> Due to the recent re-interpretation of Ferndale Marsh, the 75' setback from the 929.4' <br /> OHWL of the lake has been applied to this property. <br /> Attached as Exhibits G and H are portions of the Functional Assessment of Wetlands <br /> (FAW), a project conducted by Barr Engineering under the guidance of the Minnehaha <br /> Creek Watershed District. As described within the Introduction to the FAW, it is "a <br /> • document developed to provide a comprehensive inventory and assessment of existing <br /> wetland functions within the MCWD. The primary goal of the FAW is to inventory <br /> wetlands within the District and provide guidelines for developing a comprehensive <br /> approach to regulate and protect wetlands based on wetland functions." The City used <br /> . the FAW when developing the new wetland regulations in 2005, basing buffer widths on <br /> reported wetland quality and function. High quality/high functioning wetlands (Preserve) <br /> require a 50' buffer while lesser quality/lower functioning wetlands (Manage 3) only . <br /> require a 16:5' buffer (City Code 78-160�. A 20' setback from the buffer is required for <br /> structures in order to preserve the appearance of open space and to allow for a minimal <br /> yard space before the native buffer vegetation. <br /> While the proposed addition does not trigger the wetland buffer requirement the City's <br /> goal is to assure that new structures do not encroach into the required 70' (total) setback <br /> from the wetland. John Smyth, the City's wetland specialist with Bonestroo, visited the <br /> property and determined that the wetland boundary exists approximately below the line <br /> of the long boulder retaining wall. This retaining wall is set back 15' from the OWHL at <br /> its closest point. The addition would be approximately located between 28' to 34'from the <br /> wetland. Therefore the new addition would be non-conforming with respect to the <br /> required 70' wetland setback (50' buffer+ 20' buffer setback). <br /> Average Lakeshore Setback Variance <br /> The existing home is partially ahead of the average lakeshore setback. The proposed <br /> - addition is also ahead of the average lakeshore setback but should have no greater <br /> negative impact on the views of the lake/Ferndale Marsh enjoyed from adjacent <br /> properties. <br /> Hardship Statement <br /> Applicant has completed the Hardship Documentation Form attached as Exhibit B, and <br /> should be asked for additional testimony regarding the application. <br /> Hardship Analysis <br /> In considering applications for variance, the Planning Commission shall consider the <br /> effecf of the proposed variance upon the health, safety and welfare of the community, <br /> existing and anticipafed traffic conditions, light and air, danger of fire, risk to the public <br /> safety, and the effect on values of property in the surrounding area. The Planning <br /> Commission shall consider recommending approval for variances from the literal <br /> provisions of the Zoning Code in instances where their strict enforcement wou/d cause <br /> 3 <br />