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<br />B. The property cannot be put to "reasonable use" if used under conditions allowed by <br />official controls. Strict compliance with the code cannot be met. Further, it is <br />unreasonable to require the removal of the existing structure, thus jeopardizing the <br />course, without affording Midland Hills the option to construct a new irrigation facility <br />before the old irrigation system is removed. <br /> <br />C. The plight of the land owner is due to unique circumstances not created by the land <br />owner. The variance is created by the land owner's desire to upgrade their current <br />irrigation system. However, the new shoreland code (1995) code created the existing <br />non-conformity and is short sighted because it does not address very large (160 acre) <br />residential parcels. <br /> <br />D. The granting of variances to Section 10 16.17C 1 a and 10 16.22A 1 will not alter the <br />essential character of the locality. The variance (if approved) will have no adverse <br />impacts, nor alter the essential character of the locality. There are no foreseen impacts <br />to adjacent property owners south (Lauderdale) of the northern portion of Walsh Lake. <br />The enlarged structure is viewed by very few and no other property owners reside on the <br />Midland Hills portion of Walsh Lake. <br /> <br />WHEREAS, the following findings have been determined by staff after consultation with <br />Jeffery Hartman, irrigation specialist and Midland Hills' contractor: <br /> <br />A. It is not possible to construct the new irrigation structure without a variance to the size <br />limitation. 250 square feet is not adequate for placement ofthe irrigation pump system, <br />electric components, and safe maneuvering within the structure. This safety issue is <br />similar to the variance granted to Verizon Wireless on March 26, 2001. <br /> <br />B. Eliminating the existing structure requires unnecessary costs associated with its removal. <br />It leaves behind a large concrete platformlbase within which the wells are located, and <br />exposes the wells to view from abroad. <br /> <br />C. The current proposal has the new system connecting to the existing system and wells. <br />The removal of the existing structure would require a different electronic system than <br />currently planned and would require additional design to properly link to the new <br />structure and system. <br /> <br />D. The seasonal opportunity to construct the new flume (pipe and intake) in Walsh Lake and <br />replace the existing irrigation system is short. Spring is the optimal time to construct <br />flume because it eliminates the risk of ice caused in fall or spring. <br /> <br />E. The new irrigation system needs to be tested before it is brought on-line and the existing <br />irrigation system shut down and certain components removed. Requiring the existing <br />irrigation system to be removed prior to the completion of the new irrigation system <br />would have detrimental ramifications to the golf course. <br /> <br />2 <br />