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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. 3 9 The Comprehensive Plan encourages reconstruction and upgrading of residential structures (and neighborhoods) throughout the community. Even though this R-1 property happens to be a golf course, the upgrading of the current irrigation system will benefit Midland Hills and conserve water usage. 4.0 DETERMINED F1NDINGS 4.1 Staff has reviewed the merits of the three requested variances necessary to allow Midland Hills Country Club to proceed with constructing the pump house addition and has the determined that there are hardships present on or affecting the parcel or the pump house and its addition that warrant granting a variance from Section 1016.17C 1 a(Permitted Water Oriented Accessory Structures) and Section 1016.22A1 (Non-Conformities). 42 Strict enforcement of the literal provisions of the shoreland ordinance (Section 1016.17C 1 a) would cause undue hardship for Midland Hills. It is staff's interpretation that the shoreland ordinance was not created to address the issues faced at Midland Hills Country Club. Given the large parcel of 160 acres and the course completely surrounding Walsh Lake, staff has concluded that the 250 square foot requirement is unreasonable and presents no issues to adjacent property owners in Lauderdale. 4.3 The property cannot be put to "reasonable use" if used under conditions allowed by official controls. Sta,f,j��has concluded that strict compliance with the code cannot be met. Further, staff has determined that it is unreasonable to require the removal of the existing structure, thus jeopardizing the course, without affording Midland Hills the option to construct a new irrigation facility before the old irrigation system is removed. 4.4 The plight of the land owner is due to unique circumstances not created by the land owner. Staff has determined that in one sense the variance is created by the land owner's desire to upgrade their current irrigation system. However, staff also determined that the code created the existing non-conformity and is short sighted because it does not address very large (160 acre) residential parcels. 4.5 The granting of variances to Section 10 16.17C 1 a and 10 16.22A 1 will not alter the essential character of the locality. Staff has determined that the granting of this variance will have no adverse impacts, nor alter the essential character of the locality. There are no foreseen impacts to adjacent property owners south (Lauderdale) of the northern portion of Walsh Lake. The enlarged structure is viewed by very few and no other property owners reside on the Midland Hills portion of Walsh Lake. PF3308 — RCA (052101) Page 3 of 5