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<br />Variance Request Summary <br /> <br />Requirement <br /> <br />Proposal <br /> <br />Variance <br /> <br />75 feet <br /> <br />36 feet <br /> <br />39 feet <br /> <br />, Chapter 1016 of the City Code, the shoreland, wetland, and storm water management <br />section, establishes special jurisdiction in overlay districts for shoreland, wetland, and <br />storm water management. Section 1016.16 requires that in the shoreland overlay <br />districts, structures be set back from the ordinary high water line, a minimum of 75 feet. <br />The MnDNR defines in-ground pools as accessory structures, subject to this minimum <br />setback requirement. Section 1016.20 provides an opportunity to apply for variances in <br />the overlay districts. <br /> <br />Section 1 013.02a states that where there are practical difficulties or unusual hardships <br />in the way of carrying out the strict letter of the provisions of this code; the City Council <br />may approve a variance to the code and, if necessary, impose such additional <br />conditions as the Council considers necessary. These, hardships are usually defined as <br />unusual physical site characteristics of the property under consideration. <br /> <br />In this case, the applicant has not identified a situation that meets the statutory <br />definition of hardship. Therefore, staff cannot recommend approval of Mr. Daulton's <br />request for a 39 foot variance to the 75 foot setback requirement from the ordinary high <br />water line in the shoreland overlay district. The Minnesota Department of Natural <br />Resources (MnDNR) staff has also reviewed this application and indicated, by <br />telephone, that they are recommending denial of Mr. Daulton's request for a shoreline <br />setback variance. <br /> <br />Summary: <br /> <br />Mr. Daulton's home at 3030 Little Bay Road has lakesho(~ frontage on Lake Owasso <br />and is within the shoreland management overlay district. This district establishes a <br />minimum setback from the ordinary high water line of 75 feet. The Daulton's are <br />requesting a 39 foot variance to this standard in order to build a 14'x28' wading pool in <br />their back yard. MnDNR has also reviewed this application. The application cannot <br />meet the statutory definition of hardship. <br /> <br />Staff Recommendation: <br /> <br />Because there is no unique physical characteristic to the property that would justify a <br />variance, staff recommends denial of Mr. Daulton's request for a 39 foot setback <br />variance at 3030 Little Bay Road. <br /> <br />2 <br />