06-19-2003 Planning Commission Meeting

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6. Any addition or alteration to the outside dimension of a nonconforming structure,that cannot meet these provisions must be authorized by a variance pursuant to Article V of this Ordinance;and 7. All other provisions of this Ordinance are complied with. The Ordinance specifically states that,in order to recommend approval of the variance, you must find that all of the following can be answered affirmatively: 1. Has the applicant demonstrated a hardship? (Hardship means the property cannot be put to a reasonable use under conditions allowed by the Zoning Ordinance. Economic considerations alone do not constitute a hardship.) 2. Are there exceptional circumstances unique to this property,which were not created by the landowner? 3. Can the variance be granted without upsetting the purpose and intent of the Zoning Ordinance? 4. Can the variance be granted without altering the essential character of the surrounding area? You would be allowed to attach relevant conditions to the variance approval to mitigate any negative impacts that a variance from the Code would have. Staff Findings:We have reviewed the application and propose the following findings of fact for you to consider: 1. The property is an existing non-conforming use since it sits 12 feet into the 75 foot shoreline setback, The proposed structure will be moved back to 6 feet into the shoreline setback. Therefore,the proposed plan decreases the existing non-conformity. 2. The plan preserves the minimal amount of parking area that currently exists. 3. Since it is a non-conforming lot,the Zoning Ordinance states that additions or alternations shall not exceed 50%of the square footage of the existing structure,and if that cannot be met,must be authorized by a variance. 4. The applicants wish to protect a space of mature trees to the west of the existing structure with the proposed plan. 5. The proposed plan maintains or exceeds all other setback and impervious coverage requirements. 6. No development is proposed near the existing and compliant drainfield. 7. The majority of new development will occur from north to south parallel to the adjacent property lines. The proposed plan will only add 12 feet to the structure to the profile as viewed from the lake and will remain as one story so as to minimize the virtual impact. 8. The proposed structure will be similar to the existing structure and be consistent with the essential character of the surrounding area. 9. The applicant's proposal comes closer to meeting the intent of the Ordinance, which is to increase the lake setback,decrease non-conformities,and protect lake water quality,than the current situation or the other options available under the Code. CITY OF PEQUOT LAKES PAGE 3 JUNE 2003 STAFF REPORT