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216606v1 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 of accessory structures in the Shoreland District. On July 12, 2021, the City Council considered the following information on the variance application: the application and materials submitted by the Applicant; materials and reports provided by City Staff; information from the Public Hearing and Planning Commission meetings on the application including its report and recommendation; written comments and testimony from all interested persons; and based upon its knowledge of the Subject Property, the neighborhood and the community, now makes the following: FINDINGS OF FACT 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.