Laserfiche WebLink
5. There are no characteristics of the parcel that limit construction of a <br /> conforming structure. <br /> 6. Granting a variance is not consistent with the intent of the Ordinance, which is <br /> to not allow the expansion of non-conforming structures. <br /> Planning Commission Direction: The Planning Commission has the option to identify <br /> a hardship and approve the variance. The Commission may also vote to deny the <br /> variance. Either motion needs to be supported by findings of fact. At this point, the <br /> Commission may also table the request. <br /> Staff Recommendation: While it may be tempting to approve'a variance request such as <br /> this (it is a small addition going no further to the lake), we recommend against doing so. <br /> Doing so would be an arbitrary decision in which the Commission will have decided <br /> subjectively that this relatively modest improvement is all right. The Commission should <br /> avoid all decisions that are arbitrary. <br /> If the Planning Commission thinks that this addition is reasonable and a good idea, the <br /> Commission should seek an Ordinance change that would allow it. In this way you <br /> would not be acting arbitrary. Crow Wing County has a provision that allows a one-time <br /> addition to an old cabin as an over-the-counter permit provided some stipulations are met <br /> (it goes no further to the lake, it does not increase the size of the structure by more than <br /> 50%, etc...). The City of Pequot Lakes could adopt such a provision that would apply to <br /> this case. <br /> Without that, based on the findings of fact presented in this report, we recommend that <br /> the variance be denied. <br /> If the Planning Commission would like to approve the variance, we would recommend <br /> that you consider the following conditions along with a motion to approve: <br /> 1. No building permit shall be issued until a new sewer system has been installed <br /> and the City has received an installation report. <br /> 2. The existing sewage treatment system shall be properly abandoned. <br /> 3. No building permit shall be issued until the City receives evidence from a <br /> licensed well driller that a new, conforming well has been installed and the <br /> existing well has been properly capped. <br /> 4. The existing outhouse building shall be removed. All waste shall be removed <br /> and properly disposed of. <br /> 5. Water runoff from the addition shall be collected and either retained or <br /> drained away from the lake. <br /> 6. The applicant shall use Best Management Practices, including the installation <br /> of erosion control devices, to prevent erosion into the water body during and <br /> after construction. <br /> The Commission may also consider tabling the application to allow the applicant time to <br /> complete sewer and water improvements while the City considers amendments to the <br /> Ordinance. <br />