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Section 17-9.4 (2) states "all non-conforming structures and uses shall be <br /> brought into conformity during the subdivision process, except as specifically <br /> waived by motion of the Planning Commission". The structure contained in <br /> proposed Tract A is non-conforming as it is located within the bluff and the <br /> structures contained in proposed Tract B are assumed to be non-conforming as <br /> they are not included on the Certificate of Survey. Staff will recommend a motion <br /> later in this Staff Report. <br /> The adjacent property located north and south of the subject property is zoned <br /> "Shoreline Residential". <br /> "Tract A" is currently accessed via a private driveway on the property located <br /> immediately north (now owned by the applicant) of the subject property. It is <br /> unclear as to whether or not the property has "legal access" via this private <br /> driveway. The applicants intend to obtain a 33' wide ingress/egress easement <br /> from the adjacent landowner. The applicant has indicated the adjacent <br /> landowner intends to grant the easement. This city does not review and or <br /> approve private easement agreements. <br /> Tract B is accessed via a private driveway from State Highway 371. <br /> With the proposed lot line adjustment, no new parcels are being created without <br /> access to the public right-of-way. <br /> Applicable Regulations: <br /> Section 17-5.8 contains the requirements for the Shoreline Residential(SR)Zone: <br /> 1. Purpose and Intent: To provide a zoning classification for riparian <br /> residential development. The zone may or may not be served by municipal sewer <br /> and water, depending on availability. <br /> 2. Compatibility: The Shoreline Residential zone can only be established <br /> next to the Water Resource zone. The shoreline residential zone should be <br /> established to extend through the first tier of parcels on developed lake shore and <br /> to a public road or 500 feet from the OHW, whichever is closer to the water body <br /> on undeveloped shoreline. <br /> 3. Lot, Use and Density Requirements. <br /> GD Riparian Only RD'N GD parian NE Lake <br /> Lot width at OHW and building line-feet, 100 150 200 <br /> minimum <br /> Lot width with guest quarters or duplex 180 225 300 <br /> Buildable lot area-square feet,minimum 20,000 40,000 80,000 <br /> Pequot Lakes Staff Report 6(b)-2 <br /> October 20,2016 <br />