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<br />Wayne Anderson <br />September 27, 1994 <br /> <br />Page 2 <br /> <br />. <br /> <br />SHORELAND ORDINANCE <br /> <br />The existing Shoreland Ordinance, amended in 1991, requires a one- <br />hundred, fifty (150) foot structure and septic system setback from the <br />ordinary high water mark of natural environment lakes. The City of <br />Elk River adopted the Shoreland Ordinance in the 1970's. Prior to the <br />amendment in 1991, the ordinance was adopted by reference only and <br />no standards were incorporated into the City Code. This is <br />unfortunate because a few homes and septic systems were constructed <br />within the shoreland setback without going through the variance <br />process. Staff became aware of this setback discrepancy when the <br />applicant recently applied for a deck permit. A few other homes <br />constructed around this area may also be located within the shoreland <br />setback required at the time the homes were built. Although some of <br />the homes are nonconforming, the City will not require a variance to <br />the homes unless the structure is upgraded in any way. <br /> <br />GREENHEAD ACRES SECOND ADDITION <br /> <br />. <br /> <br />Greenhead Acres Second Addition was platted by the City in January, <br />1979, into twenty-two (22) lots of approximately two and one-half (2 <br />1/2) to four (4) acres in size. Several of the lots, including the subject <br />site, were platted with a large percentage of the lot area in wetland. <br />Greenhead Acres Second Addition was platted without the <br />consideration of the Shoreland Ordinance. Pintail Pond was added to <br />the Shoreland Ordinance on May 1, 1979, after this area was platted. <br />Several of the lots, including the subject site, are unbuildable without <br />variances due to the increased Shoreland Setback. <br /> <br />PROPOSED DECK <br /> <br />Mr. Anderson is proposing to construct a two tier deck, which will run <br />the length of the rear of the existing home. The deck will extend <br />twelve (12) feet closer to the protected wetland. The upper tier will <br />measure twelve (12)feet by sixteen (16) feet and is being designed to <br />accommodate a three season porch sometime in the future. The lower <br />tier will measure twelve (12) feet by thirty (30) feet and is being <br />designed to accommodate a detachable eight (8) foot by seventeen (17) <br />foot screened area. <br /> <br />. <br /> <br />anderson. planning <br />