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5.0 STAFF COMMENTS/FINDINGS: 5.1 Section 10 16.16A (placement of Structure on Lot) requires a principal structure to be set back a minimum of75 feet from the ordinary high watermark of a lake. Staff has determined that the Badzinski existing principal structure lies almost completely within this required 75 foot shoreland setback and approximately 36 feet from the shoreline. The proposed deck expansion creates a further encroachment into this required setback to a distance 32 feet from the shoreline. 5.2 1016.16B1 (Structure Design Standards - Bluff Impact Zones) reads: "Structures and accessory facilities, except stairways and landing, shall not be placed within bluff impact zones. Staff has determined that the Badzinski principal structure lies within the bluff impact zone, approximately 14 feet from the top of bluff. The proposed deck would extend the encroachment to within 7 feet of the top of bluff or be 23 feet into the bluff impact zone. 5.3 Section 1016.22C3 (Nonconformities Deck Additions) reads: Deck additions may be allowed, without a variance, to a structure which does not meet the required setback from the ordinary high water level, if all of the following standards are met: 1. The structure existed prior to the date the City's original shore land structure setbacks were established, March 27, 1974. 2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure. 3. The new deck encroachment toward the ordinary high water level does not exceed 15% of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet whichever is more restrictive; and the deck shall be constructed of materials similar to the materials of the principal structure, wood, or earth tone; and the new deck shall not be roofed or screened. 5.4 Mr. Badzinski can meet two of the above criteria, but is unable to meet the third. Specifically, a 15% encroachment would only allow a legal encroachment of 5-1/2 feet further into the bluff impact zone. 5.5 The City Planner has reviewed the deck replacement/addition proposal and concludes that it is difficult to meet the strict application of the City Code (applying existing setback standards) to this proposal. Specifically, the current deck and principal structure do not meet the required 30 foot top of bluff setback nor the 75 foot setback shoreline setback and are determined to be pre-existing non-conforming. Though an additional 16 encroachment into the required setback compounds the non-conformity versus reducing or eliminating the non-conformity, the deck does increase the livability of the 1939 structure. PF3540 RPCA 120303 - Page 3 of6