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., Section 1004.02(10(4) requires a front yard setback of no iess than 30 feet. <br /> The house north of this parcel is set back 25 feet from the front propel line <br /> and the house south of this parcel is set back 20 feet from the front propel <br /> line. <br /> 2. Section 1016.16 of the City Code requires a setback of 46.5 feet from the <br /> ordinary high water level of Walsh Lake, which the average setback of the <br /> two adjacent structures. The proposed building pad is in line with the <br /> adjacent properties; however, because of the irregular shoreline, it is closer <br /> to the ordinary high water level than the Meuse to the south. <br /> 3. The City allowed the subdivision of the propel and the creation of this <br /> parcel in 1987, although the lot split has not yet been recorded. The existing <br /> shoreland ordinance was adopted after this lot split was approved. <br /> 4. The substandard size of the parcel and the irregular shoreline in this area <br /> creates a physical hardship for the applicant. <br /> 5. The proposed variance is in harmony with the general purpose and intent of <br /> the City's comprehensive Plan and Title 10 of the City Code (Zoning). The <br /> proposed building pad will be in line with houses to both the north and south. <br /> The impact on the shoreland will be mitigated if the MnDNR comments are <br /> incorporated as provisions of approval. <br /> 6. The proposed variance, if granted, will not adversely affect the public health, <br /> safety, or general welfare. <br /> 4.0 STAFF RECOMMENDATION <br /> 4.1 Based on the findings outlined in Section 3.1, staff recommends approval of the <br /> request for variances to reduce the front yard setback to 20 feet and the setback <br /> from the ordinary high water level of Walsh Labe to 37.5 feet for the purpose of <br /> establishing a building pad, prior to having a house designed for the parcel at 1 935 <br /> Lake Street. This recommendation is made pending additional MnDNR comment <br /> on this request. <br /> 5,0 PLANNING COMMISSION ACTION <br /> 5.1 At the hearing on August 12, 1998, the Planning Commission recommended <br /> approval of Peter Kelsey and Greta Friedemann's request for variances to reduce <br /> the front yard setback to 20 feet and the setback from the ordinary high water level <br /> of Walsh Lake to 37.5 feet for the purpose of establishing a budding pad, prior to <br /> havin g a Douse designed for the parcel at 1935 Lake street, based on the findings <br /> outline in Section 3.1, pending approval from the Minnesota Department of Natural <br /> RF 055 - RCA(08!24198) - Rage 3 of 4 <br />