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Page 9 of 14 Regulations require a minimum water frontage and width at building line of 75 feet. The proposed water frontage and width at the building line of the new dwelling is greater than 75 feet. The proposed would meet the requirement. Building Area Elevation – Variance Requested Within shoreland districts, the lowest floor must be as high as the Regulatory Flood Protection Elevation (RFPE), which refers to an elevation 1 foot (minimum) above the 100-year flood. This standard applies both in and outside of the Regulatory Floodplain. The 100-year floodplain elevation for Lake Johanna is 881.1 feet as noted by the RCWD review. Per the Shoreland District standard, the required RFPE for the Subject Property is 882.1 feet minimum. The Applicant’s proposed plans show a lowest floor elevation of 881 feet. The Applicant notes that the existing property has a basement that has a lowest floor elevation below the required RFPE. The proposed new dwelling, which does not include a basement, would require a variance for the lowest floor elevation shown in the plans. Shore Impact Zone – Variance Requested In the Shoreland District, properties are subject to requirements for the shore impact zone, which is the land located between ordinary high water level and a line parallel to it at a setback of 50 percent of the structure setback. For riparian properties on Lake Johanna, the shore impact zone is the 25 feet between OHWL and inland. Landings for stairways over 40 square feet in area and uncovered patios may be placed within the required shoreland structure setbacks but shall not be placed within the Shore impact zone. The Applicant’s proposal includes the construction of the new dwelling and deck within the shore impact zone, which is not permitted in the Shoreland Regulations. A variance is required for the proposed to be constructed within the shore impact zone. Shoreland Mitigation Plan – Plan Required As part of the Shoreland Regulations, a shoreland mitigation plan must be submitted for residential development that requires land use approval including, but not limited to, variances and subdivisions. The plan shall be designed to mitigate the adverse effects land development has on water quality and the lake environment. The mitigation plan shall be signed by the property owner, approved by the Zoning Administrator, and a Mitigation Affidavit recorded with the Register of Deeds prior to the commencement of development activity. Furthermore, mitigation plans shall be completed within one year of the plan's approval unless otherwise approved by the City. An escrow fee that shall be held for a minimum of two years shall also be submitted. The Applicant has not submitted a shoreland mitigation plan with the lot consolidation and variance land use application. Submission and approval of this plan prior to the issuance of a Building Permit has been drafted as a condition of approval. 3. Variance Review The role of the Planning Commission is to determine and consider how the facts presented to them compare with the city’s articulated standards. The Commission should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the Planning Commission may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the