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Presentation <br /> <br />Associate Planner Geisler reported the Shoreland Overlay District in City Code requires that <br />structures be set back a minimum of 200 feet from the OHW of Rogers Lake. She stated Carole <br />Walsh has applied for a variance to construct a three-season porch and patio within this setback <br />on the property located at 4849 179th Lane NW. <br /> <br />Associate Planner Geisler stated the Shoreland Overlay District regulates building on Rogers <br />Lake, which is classified as a Natural Environment Lake in City Code. She indicated this lake <br />classification requires a 200-foot setback for all structures. She advised the applicant's house is <br />approximately 130 feet from the OHW and is considered lawful non-conforming. <br /> <br />Associate Planner Geisler explained the applicant proposes to construct a second-story, three- <br />season porch above a ground-level patio. She stated the dimensions of the proposed addition are <br />13'8" x 12'. She indicated the addition would.result in a 117-foot setback from Rogers Lake, <br />and a very slight increase in impervious surface on the lot. She added no trees will need to be <br />removed to accommodate the proposed addition. <br /> <br />Associate Planner Geisler stated the location of the applicant's house between Rogers Lake and <br />179~h Lane NW makes it difficult to meet the OHW setback with any new additions. It should <br />also be noted that the applicant's home is set back further from the lake compared to neighboring <br />properties. She stated the DNR was notified of this request, and Staff has received verbal <br />comments indicating they do not have any concerns. <br /> <br />Associate Planner Geisler advised Staff is recommending that the Board of Adjustment approve <br />the variance to the Rogers Lake setback. <br /> <br />Public Hearing <br /> <br />Chairperson Nixt opened the public hearing at 7:07 p.m. <br /> <br />Motion by Chairperson Nixt, seconded by Board Member Jeffrey to close the public hearing at <br />7:07 p.m. <br /> <br />Motion carried. Voting Yes: Chairperson Nixt, Board Members Jeffrey, Brauer, Shepherd, Van <br />Scoy, and Watson. Voting No: None. Absent: Board Member Johnson. <br /> <br />Commission Input <br /> <br />Motion by Chairperson Nixt, seconded by Board Member Jeffrey to adopt Resolution #04-09- <br />276 adopting Findings of Facts favorable to the applicant relating to Carole Walsh's request for a <br />variance to construct a three-season porch addition within the setback from the Ordinary High <br />Water mark at 4849 179th Lane NW. <br /> <br />Board of Adjustment/September 16, 2004 <br /> Page 2 of 3 <br /> <br /> <br />