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, ~ \>~..:.'. ..... .. ""~~.',.: . '''r, i.:';;:" '" , Chapter 1018 of the City Code, the shorel.nd, wetland, and storm water management section,establishes special jurisdiction in overlay districts for shoreland, wetland, and storm water management. Section 1016.16 requires that in the shoreland overlay districts, structures be set back from the 'ordinary high water line, a minimum of 75 feet. The DNR defines in-ground pools as accessory structures, subject to this minimum setback requirement. Section 1016.20 provides an opportunity to apply for variances in the overlay districts. Section 1 013.02a states that where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of this code, the City Council may approve a variance to the code and, if necessary, impose such additional conditions as the Council considers necessary. These hardships are usually defined as unusual physical site characteristics of the property under consideration. In this case, the applicant has not identified a situation that meets the statutory definition of hardship. Therefore, staff cannot recommend approval of Mr. Daulton's request for a 39 foot variance to the 75 foot setback requirement from the ordinary high water line in the shoreland overlay district. The Minnesota Department of Natural. Resources (DNR) staff has also reviewed this application and indicated, by telephone, that they are racommending danial of Mr. Daulton's request for a shoreline setback variance. Summary: Mr. Daulton's home at 3030 Little Say Road has lakeshore frontage on Lake Owasso and is within the shoreland management overlay district. This district establishes a minimum setback from the ordinary high water line of 75 feet. The Daulton's are requesting a 39 foot variance to this standard in order to build a 141x281 wading pool in their back yard. DNR and City staff have reviewed this application. The application cannot meet the statutory definition of hardship. Because there is no unique physical characteristic to the property that would~!y a variance, staff recommends denial of Mr. Daulton's request for a 39 foot setback variance at 3030 Little Bay Road. Suggested Recommendations/Actions: 1. Motion to recommend denial of Patrick J. Daulton's request for a 39 foot setback variance to the 75 foot setback requirement from the ordinary high water line of a water body in the shoreland management overlay district at 3030 Little Bay Road. 60 day deadline: October 10, 1996 Staff Report by: Michael Falk, City Planner, 490-2236 2