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Shoreland Regulations as outlined in Section 1330. The Applicant has stated it is his intention to comply with all applicable shoreland regulations and is not seeking a variance from these regulations. Upon review, Planning staff has determined that the site plans for referenced setback from OHW would need to be revised to be in compliance with Section 1330. OHW Setbacks/Adjacent Lots —Intends to Comply In Section 1330.03 - General Provisions, the City requires a structure setback of 50 feet as measured from Ordinary High Water (OHW) for properties abutting a lake classified as General Development. Additionally, this provision states that any shoreland lot where the adjacent lots have existing dwellings that exceed the minimum setback from the OHW level, the shoreline setback for a new dwelling unit or an addition to an existing dwelling unit shall not be less than the average of the setbacks from the OHW level for such adjacent dwellings minus ten (10) feet subject to the following: 1. In no case shall the new structure or addition be within the minimum setback from the OWH level as stated in Section 1330.03 Subd 1. 2. In no case shall the new structure or addition be nearer to the OHW level than the nearest adjacent structure. 3. The minimum structure setback in Section 1330.03 Subd. 1 shall be used for the adjacent lot when calculating the setback if an adjacent lot is: 1. Vacant; 2. Has a use other than single or two-family residential; or, 3. Has a dwelling unit that encroaches on the minimum structure setback. In this case, the site plans submitted identify the dwelling to the north is setback at 66.6 feet from OHW and the structure to the south is setback at 59.7 feet from OHW. The average between those two setbacks is 63.15 feet. The Applicant has shown on both site plans a proposed setback from OHW of 53.2 feet after subtracting the 10 additional feet. Planning staff has discussed with the Applicant that in this scenario the placement of the new homes would not be entitled to minus the 10 feet due to condition B (as shown above) that no new structure can be nearer to OHW than the nearest adjacent dwelling. In this case, the property to the south is setback at 59.7 feet which is further from OHW than the proposed 53.2 feet. Since a new dwelling cannot be nearer to OHW than the nearest adjacent dwelling, the minimum setback to OHW for the proposed Minor Subdivision becomes 59.7 feet. Planning Staff has requested from the Applicant that he verify the setback from OHW for the adjacent property to the south. From Ramsey County GIS it appears that the distance shown on the site plans submitted is measured from a detached accessory structure. The calculation for adjacent lot setbacks shall be from the adjacent dwelling, not an accessory structure. The Applicant has confirmed it is not their intent to seek a variance from any of the requirements as outlined in the Shoreland Regulations. As a recommended condition of approval, the Applicant shall be required to comply with all applicable provisions of Section 1330, Shoreland Regulations and to submit an updated certificate of survey in satisfaction of these requirements prior to issuance of a building permit. By addressing this planning comment via a condition, the Applicant can continue through the Minor Subdivision review without modifying all of the survey documents at this time. Any future building permit application for the new home Page 9 of 12