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Page 1 of 4 AGENDA ITEM – 1C MEMORANDUM DATE: April 19, 2021 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jane Kansier, AICP, Bolton & Menk Corrin Bemis, Bolton & Menk SUBJECT: Shoreland Ordinance Amendment - Accessory Structure Size within the Ordinary High Water Level Setback Budgeted Amount: Actual Amount: Funding Source: N/A N/A Council Should Consider the Following Discussion of the draft ordinance language (Attachment A) to increase the permitted size of accessory structures within the Ordinary High Water Level (OHWL) setback. This discussion is in response to Planning Case 20-017 for a variance at 3493 Siems Court. Background In September of 2020, Kye Samuelson (“Applicant”) requested a Variance in order to construct an accessory structure near the shoreline of 3493 Siems Court (“Subject Property”) within the Shore Impact Zone of Lake Johanna. The Applicant requested a variance to build a 120 square foot accessory storage structure that encroached eighteen (18) inches into the Shore Impact Zone of Lake Johanna. The proposed structure exceeded the eight (8) foot height limitation at ten (10) feet, six (6) inches. The rational for the variance was that the structure would be used for the storage of modern day recreational water equipment and the hardship was due to the rear yard topography. The Subject Property is zoned R-1, Single Residential District, is located in the Shoreland Management District, and is guided as Low Density Residential on the Land Use Plan. At its October 7, 2020 meeting, the Planning Commission voted to table the request to allow the Applicant to revise their plans to better conform to the Shoreland Ordinance provisions. 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 then proposed to construct an accessory structure that would be 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 its December 9, 2020 meeting the Planning Commission reviewed and discussed the updated application. The Planning Commission voted 4-3 to approve the planning case.