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Page 5 of 10 <br /> <br />2. Shoreland Regulation – Section 1330 <br /> <br />As a riparian lot on Lake Josephine, the Subject Property is subject to the Shoreland Regulations <br />for a lot on a general development water. As part of its review of the plans, the Rice Creek <br />Watershed District confirmed that the proposed deck location is outside of the current RCWD <br />regulatory floodplain elevation of 886.3 NAVD 88. The proposed deck would have an elevation <br />of 890.51. <br /> <br />The Applicant’s proposal would generally meet the requirements for a riparian lot, except for the <br />minimum water frontage and width at building line. The Subject Property is currently <br />nonconforming with the existing standard and the proposed deck would retain the existing <br />nonconformity. Existing deck on the Subject Property is setback 159 feet from Ordinary High <br />Water Level and the proposed deck would be setback 153.78 feet. The proposed would not expand <br />into the required structure setback or shore impact zone for Lake Josephine. <br /> <br />The table below provides the minimum district requirements for the Shoreland District with a <br />preliminary analysis for the proposed deck: <br /> <br /> General Development <br />Waters (minimum <br />requirements) <br />Existing Proposed <br />Lot Area (Riparian <br />Lot) (square feet) <br />14,000 43,740 square feet 43,740 square feet <br />(no change) <br />Minimum Water <br />Frontage and Width at <br />Building Line (feet) <br />75 feet 20 feet <br />(nonconforming) <br />20 feet (no change <br />to nonconformity) <br />Structure Minimum <br />Setback from Ordinary <br />High Water Level <br />(feet) <br />50 feet 159 feet (as measured <br />from deck) <br />153.78 feet <br />(permitted) <br />Structure Minimum <br />Setbacks from Streets <br />and Highways (feet) <br />40 feet 133.7 feet 133.7 feet (no <br />change) <br />Maximum Lot Area <br />Covered by <br />Impervious Surface <br />(%) <br />35 % 18.5 % 19.24 % <br />(permitted) <br /> <br />Shoreland Mitigation Plan – Plan Submitted <br /> <br />As part of the Shoreland Regulations, a shoreland mitigation plan must be submitted for residential <br />development that requires land use approval including, but not limited to, variances and <br />subdivisions. The plan shall be designed to mitigate the adverse effects land development has on <br />water quality and the lake environment. The mitigation plan shall be signed by the property owner, <br />approved by the Zoning Administrator, and a Mitigation Affidavit recorded with the Register of <br />Deeds prior to the commencement of development activity. Furthermore, mitigation plans shall be <br />completed within one year of the plan's approval unless otherwise approved by the City. An escrow <br />fee that shall be held for a minimum of two years shall also be submitted. <br />