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CASE #: / REQUEST FOR A VARIANCE TO MISSISSIPPI RIVER SETBACK REQUIREMENTS; CASE OF JAMES AND KATHY WEIDENBACH By: City Planner, Anita Rasmussen Background: James and Kathy Weidenbach have submitted a request for variance to the Mississippi River setback requirements at 14230 Bowers Dr. NW. The following items are enclosed: a) b) c) c) d) Site location map Site plan Petition from neighbors in support of the request for variance Proposed findings of fact Proposed variance Notification: In accordance with State Statute, Staff notified property owners within 350 feet of the subject property of the request for variance and public hearing. Observations: Mr. and Mrs. Weidenbach are proposing to remodel and construct an addition to their home. The parcel is approximately 1.29 acres in size, is zoned R-IR and is located within the Critical River Overlay district. The minimum river setback without public sewer is 35 feet from the bluff line or 200 feet from the ordinary high water (OHW) mark, whichever is great. The principal structure is 100 feet from the OHW mark. The proposed addition would also be 100' feet from the OHW mark. The property was platted and the house was built in 1975. The existing zoning ordinance regarding the river setbacks became relevant in 1985, which renders this property lawful, non- conforming. The parcel is deficient of the 2.5 acre minimum size requirement and the placement of the principal structure does not satisfy the 200' river setback requirement. Therefore, any addition on the structure would require a variance. The development on the property is far below the maximum lot coverage of 30%. Strict enforcement of the City's'code presents a hardship on this property as it relates to the applicant's right to expand their living space without coming close to maximizing their allowable lot coverage. In accordance with City Code, DNR has been notified of the request for variance. Recommendation: City Staff recommends approval of the variance request.