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ARDEN HILLS CITY COUNCIL WORK SESSION—FEBRUARY 16, 2010 3 ].A Planning Case #09-003, Zoning Code Amendment, Shoreland Regulation (continued) Mayor Harpstead questioned the need for the "minus 10 feet" clause if a variance would allow the addition. City Planner Beekman stated the 10 feet clause was added because the City was removing property rights that were currently available. It was added to minimize the impact on the homeowners. The 10 foot addition would, in most cases, be a porch or deck. Community Development Director Lehnhoff stated variances were not an automatic and the 10 foot clause would address the regulation impact for shoreland homeowners. Councilmember Holden asked where the 10 feet was derived from, versus 5 feet or 20 feet. City Planner Beekman explained this number was specifically taken out of Shoreview's regulations and has worked well for that City. Councilmember Grant questioned how the clause has served the City of Shoreview. City Planner Beekman indicated Shoreview has had a number of occasions that the 10 foot clause has come into effect and this has not received complaints. It has not caused a massive intrusion into the lakeshore or obstructed lake views. Mayor Harpstead asked if the Council remembers why the City changed the shoreland setback to 50 feet and questioned if the setback could be changed back to 75 feet. Community Development Director Lehnhoff stated staff has reviewed minutes on this issue and the reason is unclear. He explained that if Council were to change the setback to 75 feet many of the homes on Lake Johanna would not become non-conforming. Councilmember Holden asked how the ordinary high water level would be determined. Community Development Director Lehnhoff indicated the DNR determines the elevation of the ordinary high water mark and a surveyor would be hired to find this elevation on a lot. This would be required on any new development on a lake. Mayor Harpstead expressed concern about the 10 feet clause as he didn't want to see buildings continually creep closer to the waterfront. He stated he would prefer to see buildings drift away from the public waters and remove the 10 feet clause from the Shoreland Regulation. The homes not meeting the specified requirements could apply for a variance. Councilmember Holmes explained she was not comfortable with this suggestion and did not want the City to take on additional variances. The 10 feet would allow homeowners to upgrade the front of their homes with a deck or porch. She added that leaving the code as stated would allow new homes to build on the site more easily.