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. BE IT FURTHER RESOLVED that City Council denies Planning Case 20-017 for a variance request at the Subject Property 3493 Siems Court, based on the findings of fact and the submitted plans in the July 12, 2021 Report to the City Council: 1. The Subject Property at 3493 Siems Court is located in the R-1 Single Family Residential District, and is guided as Low Density Residential on the land use plan. The Subject Property is located within a Shoreland Management District which impacts the rear setback of the property. Lake Johanna is classified as a General Development Lake and requires fifty (50’) foot setbacks from the Ordinary High Water level (OHWL). The proposed structure would be 25.2 feet from the OHWL setback just outside the Shore Impact Zone on top of where an existing landing structure is located. 2. The Subject Property has a steep downward slope in the rear yard that prevents the Applicant from building much on the site. 3. The Subject Property meets the minimum lot size, wide and length requirements for the R-1 District. 4. The City received the Applicant’s Application for a Variance on September 25, 2020 requesting a variance to construct an accessory storage structure near the shoreline of the Subject Property with a height of nine (9’) feet six (6”) inches. 5. On December 9, 2020 the Planning Commission reviewed and discussed the Application, voting 4-3 to approve the planning case. 6. On January 11, 2021, the City Council voted to table this planning case to allow the Council to review the existing accessory structure size standards for the Shoreland District. 7. The Applicant signed a 6-month Extension Form requiring City Council action on the variance request to by July 12, 2021. 8. On June 28, 2021, the Council approved #2021-004 amending the requirements for accessory structures in the Shoreland District. The amendment increased the maximum size of an accessory structure to 100 square feet and applied screening and design standards. The amendment did not increase the maximum allowable height for accessory structures in the Shoreland District. 9. The proposed structure exceeds the maximum allowable height at 9’ 6” tall and exceeds the area dimension of 93.5 square feet; otherwise the proposed structure conforms to all other requirements and standards of the R-1 District. 10. The Planning Commission recommended approval on a 4-3 vote, even though conditions of approval to reduce the visual impact of the structure were included as conditions. 11. The City Council discussion of the height variance highlighted the Council’s recent review, modification (size limit increased) and/or reaffirmation of the dimensional limits (height limits not increased) for shoreland district accessory structures. 12. Council concerns regarding the visual effect on shoreland areas from the lake and from abutting or neighboring properties for the requested height variance were not adequately addressed by building reorientation or landscaping/buffering conditions. 13. In light of the recent revisions to increase the size limit but to maintain the height limit, the Councilmembers concluded that a reasonable use of the property exists under the revised dimensional standards, that allowing a height variance would not be consistent with the purpose and intent of the ordinance, or that practical difficulties have been demonstrated warranting a departure or variance from the recently revised standards.