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� . <br /> Michael 8� Donna Wallace Public Hearing Memo,4/4/03, Page 2 <br /> beyond 100' from the 929.4' shoreline is 15'. Code requires a 20' setback for the dock use area beyond <br /> 100'from the 929.4' shoreline. <br /> 2. Code Section 1.07 states that"Where practical difficulties or particular hardships occur or where necessary to <br /> provide access to the handicapped, the Board may permit a variance from Code or may require a variance from <br /> what is otherwise permitted by this Code, provided that such variance with whatever conditions are deemed <br /> necessary by the Board, does not adversely affect the purposes of this ordinance,the public health, safety and <br /> welfare, and reasonable access to or use of the Lake by the public or riparian owners". <br /> In the review of the proposed application for variance from Code,the Board should ensure that the <br /> applicant has proposed practical difficulties and/or particular hardships that are caused by the <br /> application of Code. In addition, the Board should apply following decision standards in the review of <br /> the proposed variance application: <br /> • Is the proposed use reasonable? <br /> • Would it be unreasonable to require conformance to the ordinance? <br /> • Is the difficulty of conforming to the ordinance due to circumstances unique to the property? <br /> • Is the problem one created by the applicant? <br /> • Will the variance, if granted, alter the essential character of the locality? <br /> In review of the proposed variance apptication,the Board might want to restrict the length of the variance <br /> to 130'from the 929.4' shoreline at this site because this would be consistent with the variance granted <br /> at the Blomberg site. The applicant has documented a water depth of 38.5" at 130' from the 929.4' <br /> shoreline. Also,the Board should require the dock use area to meet minimum side setback requirements <br /> at the Wallace site. This would require increasing the side setback requirement beyond 100'from the <br /> 929.4' shoreline to 20' rather than 15'. <br /> 3. Code Section 2.01, subd. 3 that allows for setback adjustments and common use of adjacent dock use areas. <br /> Use of one or more sites for a single common dock or mooring area is permitted subject to the following <br /> limitations: <br /> • Combination is only permitted between or among owners of two or more non-commercial docks <br /> for the private non-commercial use of the site owners. <br /> • Only one dock structure may be constructed on the combined dock use areas. <br /> • No more restricted watercraft may be stored by any owner of a combined dock facility than <br /> would be permitted at that owner's site. <br /> The applicant has proposed to combined their dock use area with the abutting property to the west, Paul <br /> and Beverly Blomberg. In fact, this appears to have been going on for a number of years. In 1987,these <br /> two sites were granted a temporary dock extension permit for a common dock. This approval was <br /> allowed in 1987 when the Board adopted Resolution 53 that declared low water levels on Lake <br />