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Murzyn Variance Staff Report November 8, 2022 Gem Lake Planning Commission Page 3 Section 16.14 covers. the requirements for -outdoor pools. Section 16.14.2 notes that pools are prohibited in front yards for lots 'zoned or used.for singlefamily residential.', which this lot would be considered as. Since a pool is prohibited in the front yard, the only places to place. a pool are limited to the lakeshore side of the lot. The 2006 Zoning Ordinance had slightly:different standards for development within. the Shoreland Area; lands between 50 feet and 150 feet of the OHWL, of a water body noted that "No Building hermit shall be issued for any structure nor shall any structure be built within Zone 3.[Zone 3 is between 50 feet and 150 feet from the OHWL) if said structure Gohstitutes a. substantial feature of the landscape when viewed from the opposite shore or less than fifty (50%) percent of said structure is screened by natural vegetation." This may explain.w.hy.some nearby lots. have pools located closer than 150..feet. to the lake. Staff Comments As part of. the review .of therequest, comments were .collected from. staff and other agencies involved. or interested with the project. Watershed The subject parcel is located within the Vadnais Lake Watershed Management Organization (VLAWMO). Thewatershed had not provided comments at the time of this staff report.. Engineering The. City Engineer was ableJo review the submitted plans., and noted that there was. no..engineering issues/comments to address. Variance Criteria Below is the. Planner's findings in regards to the criteria for this request, with the criteria in italics. The Planning Commission should discuss whether the findings :arq met for approval, or if there are criteria that are. not met. Practical Difficulties,. per Section 17.4.1: • the property owner proposes to use the property in.a .reasonable manner not permitted by the zoning ordinance The request is to have a pool constructed within the required 150'foot setback from the lake. The placement of the house at 154 feet from the lake; slopes on the. site, and the prohibition of pools in. front yards limits where the owner could have a pool. The plight of the landowner is due to circumstances unique to -the property not created by the landowner The site is limited In where a pool could be built, primarily due. to some slopes. on the site: outside of setback requirements., and the placement of the house. The variance, if granted, will not alterthe. character of the locality Most of the lots along the lake have been developed. Historically, structures and impervious surfaces, such as in -ground pools, were permitted at.setbacks of less than 150 feet from the lake, meaning this proposed improvement would'notstand out compared to other lots nearby. Economic :considerations alone do not.conslitute practicaldifficulties