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ARDEN HILLS CITY COUNCIL - SEPTEMBER 25,2000 6 setback is 75' and, since this is the more restrictive of the two, this case must be evaluated . according to this setback from the ordinary high water leveL In order to grant a variance, a hardship must be identified, as defined by the City and State criteria outlined above, The applicant has responded to the hardship criteria in a letter, as provided in Exhibit B. Staffrccommended denial of this application, However, Planner Chaput stated that the Planning Commission recommended that Planning Case #00-32, variance from the ordinary high water mark setback of Karth Lake (69 feet proposed, when 75 feet is required), be approved based on the following findings and conditions: 1, The amount oflot coverage and size ofthe nonconformity is reduced by the proposal; 2, The shape of the wetland on the property creates an oddly configured parcel; 3, The proposal reduces the amount of encroachment into the setback; 4, If the structure is damaged in excess of the building code threshold for damage, the variance would no longer be valid, Mayor Probst stated that the Council would be reducing the property's nonconformity if the case is approved, Ms, Chaput stated that any future expansion other than what is approved would , ' reqll1re a vanance, . COlillcilmember Grant asked whether the lot is sewered, Ms, Chaput confirmed this, stating the City does not have any unsewered lots, Councilmember Grant stated the Department of Natural Resources (DNR) requires fifty feet setback. Mr. Lynch stated that if the City's ordinance were amended to reflect that, the applicant would not need to come back for approvaL MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to approve Planning Case #00-32, variance from the ordinary high water mark setback of Karth Lake (69 feet proposed when 75 feet is required) be approved based on the following findings and conditions: 1. The amount of lot coverage and size of the nonconformity is reduced by the proposal; 2, The shape of the wetland on the property creates an oddly configured parcel; 3, The proposal reduces the amount of encroachment into the setback; 4, If the structure is damaged in excess of the building code threshold for damage, the variance would no longer be valid, The motion carried unanimously (4-0), . Mr. Lynch asked whether the Council might wish to consider discussing an amendment to the zoning ordinance to address updating the DNR standards that the City adopted, specifically in relation to setbacks from certain lakes with sewered lots, He added that such an amendment would conform to DNR regulations, Mayor Probst stated he would not be inclined to change the ordinance, adding that 75 feet is reasonable,