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• falls under the Shoreland Management Ordinance. The applicant is proposing to lower the river bank approximately four feet, by grading the lot to create a walkout basement. The lots on both sides have done similar projects in the past. The grading done on this project will be comparable to that done on the two adjacent lots. Section 904.08(3) of the Shoreland Management Ordinance states that alterations to vegetation and topography will be regulated. Section 904.08(3)(A)(ii)(a) requires a conditional use permit, with an erosion control and sedimentation plan approved by the Soil and Water Conservation District, for this type of alteration. Approval of this conditional use permit is contingent upon DNR approval. Analysis The Shoreland Ordinance requires a 100 foot setback from the ordinary high water mark for structures, and a 50 foot setback from the ordinary high water mark for sewage treatment systems. The applicant is proposing to build a home with a 69 foot setback from the shoreline. The 69 foot setback is based on the fact that the applicant is proposing to build a ten (10) foot deck at a future date. The addition of this deck would place the structure at a 59 foot setback. The 59 foot setback is based on a line of sight created by the homes on each side of the property. The home to the north has a 55 foot setback, and the home to the south has a 85 foot setback. The city has no permits on file for the existing homes, which indicates that the homes were built prior to 1980. The home to the south of the applicant's property was built in 1976. Both homes were build prior to adoption of the Shoreland Ordinance. Section 904.08(2)(A) of the Shoreland Ordinance states that "Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or a bluff impact zone." The proposed building is not located in the shore impact zone or the bluff impact zone. Because the two adjoining homes do not meet setbacks, a line is drawn between them to establish the setback for this proposed building. No portion of the building or future deck shall be located closer than 59 feet from the ordinary high water mark. • S:APLANNING\KENDRAACU96-21.DOC