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CASE # <br /> <br />REQUEST FOR A VARIANCE TO ORDINARY HIGH WATER SETBACK IN <br />THE CRITICAL RIVER OVERLAY DISTRICT; <br /> CASE OF HAROLD AND NANCY BOYUM <br /> By: Community Development Director Sylvia Frolik <br /> <br />Background: <br /> <br />Harold and Nancy Boyum are proposing to construct a home on Lot 30 in Bowers <br />Mississippi Acres. The home would have a structure setback from the ordinary high water <br />mark similar to that of the existing homes on the two adjacent parcels, Lots 31 and 29. <br /> <br />The following items are enclosed for your information: <br /> <br />a) <br />b) <br />c) <br />d) <br />e) <br />f) <br /> <br />Site location map <br />Certificate of Survey <br />Exterior wall elevations <br />Letter from Mr. Boyum dated August 10, 2000 <br />Proposed f'mdings of fact <br />Proposed variance <br /> <br />Notification: <br /> <br />In accordance with State statute, staff attempted to notify property owners within 350 feet <br />of the Subject Property of the request for variance and public hearing. DNR was also <br />notified. <br /> <br />Observations: <br /> <br />The p3operty is in the Wild and Scenic and the Critical River Overlay districts. The subject <br />property was platted in 1948, has a lot width that ranges from 80-100 feet and is <br />approximately .8 acres in size. Under today's standards, the structure setback from the <br />ordinary high water mark is 35 feet from the bluff line or 200 feet from the ordinary high <br />water mark, whichever is greater. The proposed house would be located 120 feet from the <br />ordinary high water mark and the setback from bluff ranges fi:om 29 to 37 feet. The Scenic <br />River and the Shoreland rules provide for a setback from the river similar to that pattern <br />established by adjacent structures. Staff doesn't know if that same provision was excluded <br />from the Critical River regulations inadvertently or intentionally. <br /> <br />This property may be familiar to most of the Planning Commissioners. In 1999, Harold <br />Boyum applied for a variance to build a home on the subject property. At that time, Mr. <br />Boyum's variance requested was 3 pointed because he also owned Lot 31 and was subject <br />to the dual ownership rule under Critical River regulations. The Critical River regs state <br />that if someone owns 2 lots and the lots are substandard under current regulations as far as <br /> <br /> <br />