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Code Existing Proposed Variance Condition Requirement Condition Condition Setback from OHW 10 feet 12 feet Same None Size of Accessory 250 square feet 520 square feet 840 square feet 590 square feet Structure 3.0 STAFF COMMENT 3.1 Variances may be granted where the strict enforcement of the literal provisions of the ordinance would cause "undue hardship". The granting of a variance shall only occur when it can be demonstrated that such an action will be in keeping with the spirit and intent of the ordinance. 3.2 "Undue hardship" as used in connection with the granting a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the land owner is due to circumstances unique to the property not created by the land owner, and the variance, if granted, will not alter the essential character of the locality. 3.3 Conditions may be attached to a variance that mitigate the impacts on adjoining properties. 3.4 Walsh Lake is completely surrounded by Midland Hills Country Club and does not have the traditional shoreland issues or impacts that are comparable to developments in Roseville adjacent regulated water bodies. Specifically, there are no homes located adjacent Walsh Lake; the golf course parcel is large, therefore coverage is not an issue; other zoning setbacks do not apply; and the pump house does not obstruct adjacent property owners view. 3.5 The definition of a water-oriented accessory structure is: A small, above ground building or improvement which because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters that the normal structure setback. Examples of such structure and facilities include boathouse, gazebos, screen house, fish house, pump house, and attached decks. 3.6 The existing pump house structure was constructed prior to the adoption of the shoreland ordinance. 3.7 The pump house addition is necessary to house new irrigation equipment for the golf course. This equipment must be in place and operational before the existing system is shutdown and taken out of service. The current pump house will be converted to store chemicals used on the course. 3.8 Midland Hills request was forwarded to the Department of Natural Resources (DNR) for review and comment. The DNR responded verbally and supported the variance request. PF3308 - RPCA (050901) Page 2 of 4