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City of Arden Hills City Council Meeting for January 11, 2021 P:\Planning\Planning Cases\2020\20-017 3493 Siems Court - Var\CC Packet\NB Page 2 of 6 The Applicant took the Planning Commissions comments under consideration and submitted revised plans for a smaller structure that would not encroach into the Shore Impact Zone. The Applicant is now proposing to construct structure a nine and a half (9.5) feet tall and ninety-three and a half (93.5) square feet in size. However, the proposed structure still required a variance due to the proposed height and area that exceeded current ordinance standards. At their December 9, 2020 meeting the Planning Commission reviewed and discussed this application. The Planning Commission voted 4-3 to approve the planning case. Plan Evaluation Shoreland Structure Setbacks - 1330.03 - Meets Requirements The Subject Property is located within a Shoreland Management District, which impacts the rear setback of the property. Shoreland Management Districts overlay existing City zoning districts shown on the official zoning map. The Shoreland Management District classifies Lake Johanna as a General Development Lake, which determines the setback requirements from the lakeshore. The rear of the Subject Property faces Lake Johanna, which has a fifty (50) foot setback from the Ordinary High Water Level (OHWL). Minnesota Statutes 103G.005 Subd. 14 defines OHWL as: “…the elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial…” The OHWL of Lake Johanna is 878 feet above sea level according to Minnesota Department of Natural Resources. The Shore Impact Zone is the land located between the OHWL and a line parallel to it at a setback of 50 percent of the structure setback. In other words, the Shore Impact Zone is the twenty-five (25) feet nearest to the shore within the 50 foot rear yard setback of the OHWL. The proposed structure would be located 25.2 feet from the OHWL setback just outside the Shore Impact Zone on top of where an existing landing structure is located. As a condition of approval, staff is recommending that the Applicant submit a zoning permit for the proposed structure so that staff can verify the setbacks for the structure. Shoreline Impact Zone and 50’ structure setback.