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B. In no case shall the new structure or addition be nearer to the OHW level than the nearest adjacent structure. <br />C. The minimum structure setback in Section1330.03 Subd. 1 shall be used for the adjacent lot when calculating the <br />setback if an adjacent lot is: <br />1. Vacant; <br />2. Has a use other than single or two-family residential; or, <br />3. Has a dwelling unit that encroaches on the minimum structure setback. <br />Subd. 5 Exceptions to Structure Setback Requirements. No structure shall be placed within the structure setback <br />requirements of the shoreland management district. The following are not classified as structures for the purposes of this <br />section: <br />A. Docks and Boatlifts. Setback requirements from the ordinary high water level shall not apply to docks and boatlifts. <br />Location of docks and boatlifts shall be controlled by applicable State and local regulations. <br />B. Stairways, access lifts, and landings. Setback requirements from the ordinary high water level shall not apply to <br />stairways, access lifts, or landings. Stairways and access lifts are the preferred alternative to major topographic alterations <br />for achieving access up and down bluffs and steep slopes to shore areas. Stairways, access lifts and landings located <br />within the Shore Impact Zone shall meet the following design standards: <br />1. Landings for stairways and lifts shall not exceed 40 square feet in area. <br />2. Canopies or roofs are not allowed on stairways, access lifts, docks, or landings. <br />C. Uncovered patios. At grade uncovered patios that have an underside surface that is entirely in contact with and <br />wholly supported by the ground may be placed within the structure setback requirements from the ordinary high water level <br />but shall not be placed within the Shore Impact Zone. Uncovered patios shall not be considered landscaped area when <br />calculating lot coverage. <br />D. Fences. Chain link, or other types of fences with a transparency of at least 75 percent, may be placed within the <br />structure setback requirements from the ordinary high water level but shall not be placed within the Shore Impact Zone. <br />E. E. Lakeshore lots may be permitted one (1) accessory storage shed within the required structure setback from the <br />ordinary high water level, provided that it complies with the following provisions: <br />1. The structure or facility is Is not located within the Shore Impact Zone. <br />2. The structure or facility is Does not exceed 100 64 square feet in size and eight (8) feet in height, measured to the <br />highest point of the structure. <br />3. The maximum width of the structure, as viewed from the water, does not exceed ten (10) feet. <br />4. The structure or facility is Is not designed or used for human habitation and does not contain a water supply or <br />sewage treatment facilities. <br />5. The structure or facility is setback a minimum of ten (10) feet from the ordinary high water level. <br />6. The structure or facility shall be constructed of material architecturally similar in design, texture, and color to the <br />principal structure on the lot; the design shall be reviewed by the City Planner prior to issuance of building <br />permits. <br />7. The structure shall be screened a minimum of 50 percent by opaque vegetation or topography on the three walls <br />seen from the lake with ecologically suited landscaping landward of the ordinary high water level from the lake. <br />8. The roof shall not be used as a deck or storage area. <br />9. The structure or facility is not a boathouse or boat storage structure as defined under Minnesota Statutes, <br />Section 103G.245.