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1. Section 1004.02(0)(4) requires a front yard setback of no less than 30 feet. The house north of this parcel is set back 25 feet from the front property line and the house south of this parcel is set back 20 feet from the front property line, 2. Section 1016.16 of the City Code requires a setback of 46.5 feet from the ordinary high water level of Walsh Lake, which the average setback of the two adjacent structures. The proposed building pad is in line with the adjacent properties; however, because of the irregular shoreline, it is closer to the ordinary high water level than the house to the south. 3. The City allowed the subdivision of the property and the creation of this parcel in 1987, although the lot split has not yet been recorded. The existing shoreland ordinance was adopted after this lot split was approved. 4. The substandard size of the parcel and the irregular shoreline in this area creates a physical hardship for the applicant. 5. The proposed variance is in harmony with the general purpose and intent of the City's Comprehensive Plan and Title 10 of the City Code (Zoning). The proposed building pad will be in line with houses to both the north and south, The impact on the shoreland will be mitigated if the MnONR comments are incorporated as provisions of approval. 6. The proposed variance, if granted, will not adversely affect the public health, safety, or general welfare, 4.0 STAFF RECOMMENDA TION 4.1 Based on the findings outlined in Section 3.1, staff recommends approval of the request for variances to reduce the front yard setback to 20 feet and the setback from the ordinary high water level of Walsh Lake to 37.5 feet for the purpose of establishing a building pad, prior to having a house designed for the parcel at 1935 Lake Street. This recommendation is made pending additional MnONR comment on this request. 5.0 PLANNING COMMISSION ACTION 5.1 At the hearing on August 12, 1998, the Planning Commission recommended approval of Peter Kelsey and Greta Friedemann's request for variances to reduce the front yard setback to 20 feet and the setback from the ordinary high water level of Walsh Lake to 37.5 feet for the purpose of establishing a building pad, prior to having a house designed for the parcel at 1935 Lake Street, based on the findings outline in Section 3.1, pending approval from the Minnesota Department of Natural PF3055 - RCA (08/24/98) - Page 3 of 4