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of this parcel was approved in 1987; however, it has not yet been legally split from the parcel to the south (the requirements in effect at the time did not require lot splits to be recorded immediately). The parcel is 78 feet in width and approximately 8,000 square feet in area, 2.3 Mr. Kelsey and Ms. Friedemann are hoping to build a house on this parcel and are requesting approval of the variances to establish the building pad prior to having a house designed for the lot. The applicants have indicated that the house will be similar in design and mass to other houses in this neighborhood. The house to the south has a front yard setback of 20 feet and the house to the north has a front yard setback of 25 feet. The house to the north is set back 25 feet from the ordinary high water level of Walsh Lake and the house to the south is set back 70 from the ordinary high water level of Walsh Lake. The required front yard setback of 30 feet, combined with the side yard setbacks of 10 feet and the shoreland setback of 46,5 feet (average of adjacent structures), creates a triangular-shaped building pad with limited area. 2.4 The Minnesota Department of Natural Resources (MnDNR) is currently reviewing the request. Initial comments indicate that the 37.5 foot setback area from Walsh Lake should be planted and maintained with a natural vegetative buffer, the existing trees on the lakeshore must not be removed, the driveway must drain to Lake Street (buffer to protect the water quality of Walsh Lake), and the impervious lot coverage cannot exceed 25%. Additional MnDNR comment may be present at the Planning Commission meeting. 2.6 Section 1004.02(D)(4) requires a front yard setback of no less than 30 feet. Section 1016.16(8) requires a setback of 75 feet from the ordinary high water level of Walsh Lake, a general development lake. In situations where structures exist on the adjoining lots on both sides of a proposed building site in a shoreland area, Section 1016.16(A) allows the setback of a new structure to be altered without a variance. The new structure may conform to the average setback of the adjoining structures from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. In this case, the structure may be set back 46.5 feet from the ordinary high water level of Walsh Lake without a variance. Reducing the setback to 37.5 feet, the edge of the shore impact zone, does require a variance. Section 1013,02 outlines the procedure for considering a variance. 3.0 STAFF COMMENT 3.1 In reviewing this request, staff made the following findings: PF3055 - RCA (08/24/98) - Page 2 of 4