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SCHWARTZMAN PUBLIC HEARING MEMO, 4117109, PAGE 2 4. Code Section 1.07 states that"Where practical difficulties or particular hardships occur or where necessary to provide access to the handicapped, the Board may permit a variance from Code or may require a variance from what is otherwise permitted by the Code, provided that such variance with whatever conditions are deemed necessary by the Board, does not adversely affect the purposes of this ordinance, the public health, safety and welfare, and reasonable access to or use of the Lake by the public or riparian owners". In review of the proposed application for variance from Code, the Board should ensure that the applicant has proposed practical di�culties or particular hardships that are caused by the application of the Code. In addition, the Board should apply the following decision standards in the review of the proposed variance application. . Is the proposed use reaaonable? • Would it be unreasonable to require conformance to the ordinance? . Is the difficulty of conforming to the ordinance due to circumatances unique to the property? • la the problem one created by the applicant? . Will the variance, if granted, alter the essential character of the locality? The applicant has documented that there ia not 4' of water depth within the DUA for this site (100') and that there ia a shallow water hardship. Staff believes the angle of the shoreline in relation to the extended property lines also adda difficuities. Staff believea the propoaed use ia reaaonable. 5. Section 1.07 subd. 3 explains that the length limitations prescribed by this ordinance may be adjusted to allow the construction and maintenance of a dock in the Lake to a water depth of four feet, measured from 929.4 feet NGVD, at the outer end of such dock to provide adequate water depth for navigation. The applicant haa submitted a site plan prepared by a surveyor documenting the 4' water depth measured from 929.4'. This site plan ahowa the proposed dock is within this 925.4' contour. The City of Orono was provided copies of the new multiple dock license and variance applications on 4/9/09, with comments due by 4I21I09. To date, staff has not received comments from the City of Orono. RECOMMENDATION Staff recommends the Board direct the LMCD attomey to prepare Findings of Fact and Order for approval of the new multiple dock license application and dock length variance application for the 2009 season with the following conditions: • Watercraft moored in BSUs 1 & 2 must be fully contained within the slips • Construction of dock structures and location of moored watercraft must be in strict conformance with the approved site ptan