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1.9 City Code Section 10 16.22C states that deck expansions on non-conforming structures may be allowed if: the house was built prior to March 27, 1974; no reasonable alternative deck location could be found; and, the proposed deck extension would not exceed 15% of the existing structure setback from the lake or be no closer than 30 feet, whichever is the greater setback. ~ 1.10 In the Kadrie case, 15% of the existing setback distance is 5.55 feet closer to the water for a deck setback of 31.45 feet. (The addition and the deck variance approved in 1993 allowed the improvements to set within 26 feet, 6 inches of the shoreline. The nine feet four inch extended deck would reduce the setback from the original lake shoreland to approximately 16 feet.) 2.0 STAFF COMMENTS: 2.1 State statutes and the City Code state that to approve a variance there must be a physical hardship unique to the site not created by the applicant; the situation is not correctable by reasonable alternative designs; and the variance cannot be based solely on economic Issues. 2.2 Mr. Kadrie is requesting a variance from Section 10 16.22C of the City Code to reduce the required structure (the deck) setback from the shoreline from 75 feet to approxima,tely 23 feet 6 inches from the original damaged shoreline, or 29'6" feet from the repaired shoreline. This represents a variance of 51 '6" from the repaired (current) shoreline. If granted, Mr. Kadrie would be able to retain 3 feet of the original deck extension currently installed on the lakeward side of the kitchen addition. (See the attached diagrams.) 2.3 Staff suggests that Mr. Kadrie does have an alternative which allows existing decks on either side of the kitchen to remain and still be set back at the same distance (26'-6") from the damaged shoreline. These existing decks can also have stairways to exit from the upper level to the at-grade patio. Mr. Kadrie requests 3 feet of deck maintenance area to maintain the existing 14 to 16 foot high glass wall along the lake face of the structure. / Setback - 75 feet Deck 23 feet, 6 inches from original shore (or 29 feet, 6 inches from repaired shore) 51 feet, 6 inches Minimum shoreline structure Allowed by 1993 Variance 26 feet, 6 inches from eroded shoreline for kitchen and deck Kitchen wall at 26 feet, 6 inches to remain No further variance Planning File #3140 (Charles Kadrie) 10.13.99 Page 3 of 6