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<br />Wayne Anderson <br />October 3, 1994 <br /> <br />Page 2 <br /> <br />. <br /> <br />Pintail Pond for the existing structure and proposed deck and a one-hundred, <br />thirteen (113) foot variance from the ordinary high water mark for the <br />existing septic system. The details of this request are outlined in the <br />attached report to the Planning Commission. <br /> <br />PLANNING COMMISSION MEETING <br /> <br />At the September 27, 1994, Planning Commission meeting, the Commission <br />concurred with staffs findings and recommended approval of this request <br />based on the three fmdings recommended by staff and one condition. <br /> <br />RECOMMENDATION <br /> <br />Staff recommends approval of a ninety-two (92) foot variance from the <br />ordinary high water mark of Pintail Pond for the existing structure and <br />proposed deck and a one hundred, thirteen (113) foot variance from the <br />ordinary high water mark for the septic system based on the following <br />findings: <br /> <br />1. <br /> <br />LITERAL ENFORCEMENT FOR THE ORDINANCE <br />WOULD CAUSE UNNECESSARY HARDSHIP BY NOT <br />ALLOWING THE APPLICANT TO CONSTRUCT A DECK <br />IN A REASONABLE LOCATION ON THE PARCEL. <br /> <br />. <br /> <br />2. THE VARIANCE IS NOT A CONSEQUENCE OF THE <br />PETITIONERS ACTION BUT DUE TO THE PLATTING <br />OF THE PROPERTY PRIOR TO THE SHORELAND <br />ORDINANCE. <br /> <br />3. GRANTING THE VARIANCE WILL NOT BE INJURIOUS <br />OR ADVERSELY AFFECT THE HEALTH SAFETY AND <br />WELFARE OF THE RESIDENTS OF THE CITY OF ELK <br />RIVER OR THE NEIGHBORHOOD WHERE THE <br />PROPERTY IS LOCATED. <br /> <br />If this request is approved, staff also recommends the following <br />condition: <br /> <br />1. ONLY ONE OF THE ENCLOSED STRUCTURES BE <br />ALLOWED TO LIMIT THE VISUAL IMPACTS FROM <br />PINTAIL POND. <br /> <br />. <br />