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CASE # REQUEST FOR A VARIANCE TO MISSISSIPPI RIVER SETBACK REQUIREMENTS; CASE OF FRANCIS AND BARBARA KLABOUGH By: Principal Planner Patrick Trudgeon Background: Francis and Barbara Klabough are planning to construct a residence on Lot 12, Block 1, Bowers Mississippi Acres on Bowers Drive, which is currently vacant. City Ordinances state that all homes shall be setback 200 feet from the Ordinary High Water mark (OHW) of the Mississippi River. The Klaboughs are asking for a variance to construct their house 150 feet from the OHW of the Mississippi River The following items are enclosed for your information: a) b) c) c) d) Site location map Narrative of proposed request Site Plan showing location of proposed house. Proposed findings of fact Proposed variance Notification: State statute requires notification of the public hearing to owners of property within 350 feet of the subject property. Staff attempted to notify property owners within 350 feet of the subject property and the Department of Natural Resources. Observations: The parcel is in the Scenic and Critical River Overlay districts. Section 9.23.11(2)(c)(3) of the Scenic River Overlay District allows for a new structure to be constructed at a similar setback of adjacent properties if the adjacent properties encroach into the required setback. The Critical River Overlay District, however, does not give the same permission. According to the DNR, it would appear that the' provision for an adjusted setback in the Critical River rules may have inadvertently been omitted. The DNR has received the information regarding the variance request and has indicated that they are not opposed to the granting of the variance as long as the Klaboughs match the existing setbacks and do not disturb any existing natural vegetation in the bluff protection.area (40 feet landward of the bluffiine),