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definition) and within a large wetland complex that would not allow a "traditional deck". A <br />municipality can be more restrictive. <br />V. Comparison to Minnesota Municipal Practice <br />Multiple Minnesota cities with similar ordinance language interpret decks separately from <br />water -oriented accessory structures: <br />• City of Orono - Water -oriented accessory structure defined as "a small storage structure <br />used for recreational equipment." Decks regulated separately. <br />• City of Scandia - Decks permitted in shoreland district but excluded from 400 sq. ft. <br />structure limit unless enclosed. <br />• City of El k River - Water -oriented accessory structure or facility means a small, <br />aboveground building or other improvement, except stairways, fences, docks, and <br />retaining walls, which, because of the relationship of its use to a surface water feature, <br />reasonably needs to be located closer to public waters than the normal structure setback <br />Examples of such structures and facilities include boathouses, gazebos, screen houses, <br />fish houses, pump houses, and detached decks. <br />. Staffs interpretation is the deck is detached from the house. <br />VI. Deck Permitting Is Not Part of Variance Review <br />If the City determines that the deck requires a separate floodplain, shoreline, or building <br />permit, that process will be completed. Decks require a Building Permit, the current water - <br />oriented accessory structure is being built without a permit. However, Minnesota variance <br />law does not allow denial based on a permitting process that occurs outside the variance <br />standard. <br />Accordingly: <br />• The Board may approve or deny the variance now; <br />• Staff may still require deck permitting later; The city requires a permit for decks and water - <br />oriented structures <br />• The two are legally separate actions. Based on the city definition, the enclosed structure <br />and the deck are one unit and part of one action. <br />VII. Request for Staff Action Before November 25 Hearing <br />To prevent confusion at the hearing and ensure the Board is acting on a legally valid record, <br />we respectfully request: <br />1. That the staff report be updated to reflect the correct variance request of 460 sq. ft., not <br />780 sq. ft.; OR <br />2. That written explanation be provided specifying the ordinance language that requires a <br />deck to be included in water -oriented structure square footage. See water -oriented <br />accessory structure or facility definition. <br />If staff maintains the position that the deck must be included, we respectfully request that <br />Page 304 of 447 <br />