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The proposed new dwelling would alter the footprint of the dwelling on the lot and a portion would remain in the shore impact zone. A variance is required for the proposed to be constructed within the shore impact zone. Shoreland Alterations — Drafted Condition of Approval Altering vegetation in the shoreland management area is subject to requirements to prevent erosion into protected waters, to consume nutrients in the soil, and to preserve shoreland aesthetics. It is also subject to review by the DNR. Along with limiting the removal of vegetation and requiring disturbed areas to be restored to prevent soil erosion, there is a provision requiring sufficient vegetative cover to screen cars, dwellings, and other structures when viewed from public waters. The DNR reviewed the updated plans and recommended a condition requiring a shoreline vegetation and screening plan that provides natural habitat with native plantings and screens the new structure by at least 50% as viewed from the water, assuming summer leaf -on conditions. Condition 15 reflects this comment. Shoreland Mitigation Plan — Submitted 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 plan steps 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. In the supplemental narrative, the Applicant addressed the shoreland mitigation plan requirements, stating that the proposed includes architectural mass and reduction of impervious surface coverage to meet the plan requirements. As shown, the proposed new home will use natural materials and colors and will reduce impervious surface coverage with the proposed permeable paving. The permeable paving will be designed by a civil engineer to absorb the surface water flow directed from the roofs via downspouts and underground drainage pipes. Approval of the shoreland mitigation plan prior to the issuance of a Building Permit is a drafted condition of approval. 3. Variance Review The role of the City Council is to determine and consider how the facts presented to them compare with the city's articulated standards. The Council 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 City Council 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 variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The City Council may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the front setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment. Page 12 of 18