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A. Strict enforcement of the literal provisions of the shoreland ordinance (Section <br />1016.17C 1 a) would cause undue hardship for Midland Hills. Because the shoreland <br />ordinance was not created to address the issues faced at Midland Hills Country Club. <br />Given the large parcel of 160 acres and the course completely surrounding Walsh Lake, <br />the 250 square foot requirement is unreasonable andpresents no issues to adjacent <br />property owners in Lauderdale. <br />B. The property cannot be put to "reasonable use" if used under conditions allowed by <br />official controls. S�^ict compliance with the code cannot be met. Further, it is <br />unreasonable to require the removal of the existing structure, thus jeopardizing the <br />course, without affording Midland Hills the option to const�^uct a new irrigation facility <br />before the old irrigation system is removed. <br />c. The plight of the land owner is due to unique circumstances not created by the land <br />owner. The variance is created by the land owner 's desire to upgrade their current <br />irrigation system. However, the new shoreland code (1995) code created the existing <br />non-conformity and is short sighted because it does not address very large (I 60 acre) <br />residential parcels. <br />l�. The granting of variances to Section 1016.17C 1 a and 1016.22A 1 will not alter the <br />essential character of the locality. The variance (zfapproved) will have no adverse <br />impacts, nor alter the essential character of the locality. There are no foreseen impacts <br />to adjacent property owners south (Lauderdale) of the northern portion of Walsh Lake. <br />The enlarged structure is viewed by very few and no other property owners reside on the <br />Midland Hills portion of Walsh Lake. <br />WHEREAS, the following findings ha�e been determined by staff after consultation with <br />7effery Hartman, irrigation specialist and Midland Hills' contractor: <br />A. It is not possible to construct the new irrigation structure without a variance to the size <br />limitation. 250 square feet is not adequate for placement of the irrigation pump system, <br />electric components, and safe maneuvering within the structure. This safety issue is <br />similar to the variance granted to Verizon Wireless on March 26,200 1. <br />1�. Eliminating the e�sting structure requires unnecessaty costs associated with its removal. <br />It lea�es behind a large concrete platform/base within which the wells are located, and <br />exposes the wells to view from abroad. <br />c. The current proposal has the new system connecting to the existing system and wells. <br />The removal of the e�sting structure would require a different electronic system than <br />currently planned and would require additional design to properly link to the new <br />structure and system. <br />l�. The seasonal opportunity to construct the new flume (pipe and intake) in Walsh Lake and <br />replace the e�sting irrigation system is short. Spring is the optimal time to construct <br />flume because it eliminates the risk of ice caused in fa11 or spring. <br />2 <br />