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Building setbacks in a residential district are intended to advance a few goals: one is to preserve <br />41 <br />useable space and to preserve private space in side yard and rear yards; another is to maintain <br />42 <br />some uniformity in placement of homes relative to street frontages and to locate accessory uses <br />43 <br />beside or behind the residence on the property. Such reasoning can also be attributed to the <br />44 <br />goals of the 1979 Shoreland Ordinance where setbacks and possibly dimensional standards were <br />45 <br />established as a means to not infringe on the “public” water and to minimize possible impacts <br />46 <br />along the shoreline, although most boathouses were constructed near the water’s edge. <br />47 <br />Although the Planning Division and Building Department see few permits for boathouses or <br />48 <br />water-oriented accessory structures, there are 6 such structures within close proximity to the <br />49 <br />Biggs property, and these structures serve an important purpose for the homeowner and City by <br />50 <br />providing an appropriate place to store a boat and/or other water/yard-related items. <br />51 <br />It is also worth noting that the existing regulations under Chapter 1017, Shoreland, Wetland, and <br />52 <br />Storm Water Management are 35 years old and most likely include some attributes and nuances <br />53 <br />that could be updated to better suit/reflect the circumstances of today. <br />54 <br />VA <br />ARIANCENALYSIS <br />55 <br />RV: Section 1009.04C of the City Code establishes <br />56 EVIEW OF ARIANCE APPROVAL REQUIREMENTS <br />a mandate that the Variance Board make five specific findings about a variance request as a <br />57 <br />prerequisite for approving the variance. Planning Division staff has reviewed the application and <br />58 <br />offers the following draft findings. <br />59 <br />a. <br />The proposal is consistent with the Comprehensive Plan. Planning Division staff finds <br />60 <br />that the proposed boathouse is generally consistent with the Comprehensive Plan in that <br />61 <br />it represents continued investment in a residential property in a way that is compatible <br />62 <br />with the surrounding lakeshore neighborhood. Moreover, the Comprehensive Plan’s <br />63 <br />Residential Goals and Policies chapter encourages maintenance, reinvestment, and high- <br />64 <br />quality development and design of the City’s residential structures, and the <br />65 <br />Environmental Protection Goals and Policies speaks to protecting and enhancing <br />66 <br />environmental resources. Planning Division staff concludes that the replacement of a <br />67 <br />dilapidated boathouse and relocating the structure further away from a neighboring tree <br />68 <br />and the shoreline makes strides towards achieving these goals and policies. <br />69 <br />b. <br />The proposal is in harmony with the purposes and intent of the zoning ordinances. As <br />70 <br />indicated above, minimum required setback distances from a shoreline and maximum <br />71 <br />dimensional standards have been deemed previous tools intended to protect the public <br />72 <br />resource and to minimize any possible impacts. Planning Division staff believes that the <br />73 <br />proposal would be consistent with the intent of the zoning ordinances since the applicant <br />74 <br />is seeking to replace a pre-existing non-conforming structure that could otherwise be <br />75 <br />replaced at the exact size and location. While the proposal boathouse is slightly wider as <br />76 <br />viewed from the water (approximately 12.5 to 14.25 feet versus 12 feet), includes a <br />77 <br />greater square footage (315 versus 250 square feet), is set closer to the ordinary high <br />78 <br />watermark or shoreline than permitted (4 versus 10 feet), and is set closer to a side <br />79 <br />property line than permitted (5 feet versus 20 feet), the proposed relocated boathouse <br />80 <br />reduces the potential of adverse impacts to the existing trees (especially the tree on the <br />81 <br />neighboring property). The proposal also reduces the impact on the shoreline, and <br />82 <br />stabilizes the shoreline in front of the new boathouse, which will eliminate future eroding <br />83 <br />of the soil under the structure and allow for the construction of a modest upgraded <br />84 <br />structure for the home owners to store their water-related items. <br />85 <br />PF14-028_RVBA_0110514 <br />Page 3 of 5 <br /> <br />