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ARDEN HILLS PLANNING COMMISSION - September 6, 2000 5 PLANNING CASE # 00-32 - MA PETERSON DESIGN BUILD - 1228 KARTH LAKE e DRIVE - VARIANCE FROM OHW SETBACK - PUBLIC HEARING Acting Chair Nelson opened the public hearing at 8:18 p.m. Staff explained that the applicant is requesting a variance from the ordinary high water mark setback ofKarth Lake (69 feet proposed, when 75 feet is required) for the removal of an existing screen porch and deck and the construction of a smaller screen porch with stairs and an addition to the single family home, zoned R-1. Background The proposed construction of the screen porch with stairs and addition to the home actually decreases the current area of the house by 162 square feet. The addition onto the house is an additional 229 square feet. However, the size of the deck and steps decreases by 172 square feet and the patio area decreases by 219 square feet. Overall, the construction reduces the footprint of the house. e The setback, determined by the DNR and adopted by the City, from the ordinary high water mark ofKarth Lake (934.95) is 75'. It appears that a number of homes along Karth Lake (see Exhibit B) are unable to meet this setback as they currently exist. Minnesota Rules 6120.3200 states that lakes classified as "general development" (Karth Lake) should have a structure setback of 75' from the ordinary high water level for unsewered lots and 50' for sewered lots. Current City code states the 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. Staff would recommend that this be re-evaluated during discussions regarding potential Zoning Ordinance changes. Variance Findings 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 C. For this application for a variance from the ordinary high water mark of Karth Lake at 1228 Karth Lake Drive, staff can make the following findings: 1. Whether the circumstances for which the variance is requested are unique to the property. There are a number of properties along Karth Lake that face the same situation as this property owner. It appears that a number of the houses on the east side of the lake are, on average, no more than fifty feet back from the ordinary high water mark (an estimation made from data provided through CitySight, a GIS-based program), not meeting the current ordinance requirements. The circumstances relating to this particular property are, therefore, not unique. e 2. Whether granting the variance would be in keeping with the spirit and intent of the City's Zoning Code. The City's Zoning Code states as one of its intentions as, "To promote the character of and preserve and enhance the properties and areas within the City including wetlands, ponds and marshes". The setback requirements established by the Department of Natural Resources are enacted to preserve and protect the existing wetlands by not allowing development within a certain setback. Allowing for a variance from this would be contrary to the intent of the ordinance.