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04-19-21-WS
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04-19-21-WS
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<br />Page 1 of 4 <br />AGENDA ITEM – 1C <br /> <br />MEMORANDUM <br /> <br />DATE: April 19, 2021 <br /> <br />TO: Honorable Mayor and City Councilmembers <br /> Dave Perrault, City Administrator <br /> <br />FROM: Jane Kansier, AICP, Bolton & Menk <br /> Corrin Bemis, Bolton & Menk <br /> <br />SUBJECT: Shoreland Ordinance Amendment - Accessory Structure Size within the <br />Ordinary High Water Level Setback <br /> <br />Budgeted Amount: Actual Amount: Funding Source: <br /> N/A N/A <br /> <br /> <br />Council Should Consider the Following <br /> <br />Discussion of the draft ordinance language (Attachment A) to increase the permitted size of <br />accessory structures within the Ordinary High Water Level (OHWL) setback. This discussion is <br />in response to Planning Case 20-017 for a variance at 3493 Siems Court. <br /> <br />Background <br /> <br />In September of 2020, Kye Samuelson (“Applicant”) requested a Variance in order to construct an <br />accessory structure near the shoreline of 3493 Siems Court (“Subject Property”) within the Shore <br />Impact Zone of Lake Johanna. The Applicant requested a variance to build a 120 square foot <br />accessory storage structure that encroached eighteen (18) inches into the Shore Impact Zone of <br />Lake Johanna. The proposed structure exceeded the eight (8) foot height limitation at ten (10) feet, <br />six (6) inches. The rational for the variance was that the structure would be used for the storage of <br />modern day recreational water equipment and the hardship was due to the rear yard topography. <br />The Subject Property is zoned R-1, Single Residential District, is located in the Shoreland <br />Management District, and is guided as Low Density Residential on the Land Use Plan. <br /> <br />At its October 7, 2020 meeting, the Planning Commission voted to table the request to allow the <br />Applicant to revise their plans to better conform to the Shoreland Ordinance provisions. The <br />Applicant took the Planning Commissions comments under consideration and submitted revised <br />plans for a smaller structure that would not encroach into the Shore Impact Zone. The Applicant <br />then proposed to construct an accessory structure that would be nine and a half (9.5) feet tall and <br />ninety-three and a half (93.5) square feet in size. However, the proposed structure still required a <br />variance due to the proposed height and area that exceeded current ordinance standards. At its <br />December 9, 2020 meeting the Planning Commission reviewed and discussed the updated <br />application. The Planning Commission voted 4-3 to approve the planning case. <br />
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