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2 <br />209177v1 <br />3) The Subject Property has had several code violations regarding parking on site <br />and the current project was started without permit applications or approvals <br />(Councilmember Scott). <br />4) Due to climate change, the Ordinary High Water Mark of many water bodies is <br />likely to increase in the coming years, raising the potential for problems with <br />any additional setback encroachments for structures (Councilmember Scott). <br />5) Granting the variance would set bad precedent, encouraging further <br />applications for additional structure encroachments into lakeside setback areas, <br />and the property owner can replace the previous deck with the same dimensions <br />as a matter of right under the Code (Councilmembers Scott, Holden, Holmes). <br />6) The City Code has additional provisions seeking to preserve viewscapes for <br />neighboring lakeshore properties, including provisions regarding setback <br />averaging and opacity of fencing materials, approving the requested variance in <br />this case would serve to harm sightlines and viewscapes of neighboring <br />properties (Mayor Grant). <br /> <br />NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE <br />CITY OF ARDEN HILLS: <br />Hereby adopts Resolution 2020-012 denying Planning Case 19-020 for a variance request <br />at the Subject Property 3159 Shoreline Lane to enable a thirty-nine foot, six inch (39’ 6”) setback <br />from the ordinary high water level, as not in harmony with the current City Code, character of the <br />community, or reasonable use of the Subject Property, and that any proposed structure shall <br />conform to all standards and regulations in the City Code. <br />PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN <br />HILLS THIS 9th DAY OF MARCH, 2020. <br /> <br /> <br />___________________________________ <br />Mayor <br />Attest: ______________________________ <br />City Clerk