02-15-2018 Planning Commission Meeting Minutes

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established the setback years ago. Mr. Burslie stated State Statute also allows a non- conforming structure within the setback the ability to reconstruct exactly the same footprint. If this were a vacant lot there is sufficient buildable area behind the setback. They are moving the structure back. We do allow to replace exact or e�and by 50% with an over-the-counter permit. The non-conforming area of the new structure is less than 50%. Chair Hallan pointed out the deck brings the larger area within the setback. The applicant needs to show a practical difficulty. He further stated the trees should have been shown on the survey. He had measured 29.4 feet from the existing dwelling to the trees. The survey does not indicate distance from the proposed new dwelling to the trees. Mr. Burslie stated the trees won't constitute a practical difficulty. A motion was made by Planning Commission Member Wilson to approve the variance request. Motion failed due to lack of a second. Planning Commission Member Wallin asked if the trees and driveway are the reason they can't build behind 75 feet. Mr. Rasinsla stated the driveway is a circle drive now and they designed the new dwelling to use the existing driveway. If the structure is moved back to 75 feet there is not enough room for the circle drive. Chair Hallan stated the survey doesn't show the circular driveway or the trees,but the applicant claims they are the practical difficulties. The dwelling is being moved back so that is an improvement. Mr. Rasinski stated the property owners currently reside in Texas, are retiring and this will be their fulltime home. They are going to be members of this community. Planning Commission Member Wallin stated he feels the Planning Commission's hands are tied with the past Planning Commission adhering to the 75-foot setback. Chair Hallan stated that past decision was prior to practical difficulties when the hardship clause was much more difficult to meet. Chair Hallan stated the trees and circular driveway need to be shown on the survey. ' Constructing the new garage in the same location as the existing one is a reasonable request. Dozens of trees will need to be removed for the new driveway. Mr. Rasinski stated they flagged the location of the new driveway and made it meandering to save the large trees. The existing driveway will be left for the neighbors'use. Planning Commission Member Wilson stated the applicant is trying to improve the property, save the trees and improve property values for the neighbors. The existing building probably isn't insulated for year-round living. Planning Commission Member Wallin asked Mr. Rasinski if this application is tabled, I, would the property owners be able to attend the nelct meeting. He further asked if this is tabled,would that affect any of the construction. Mr. Rasinsla stated it wouldn't affect Minutes 4 Pequot Lakes Planning Commission February i5,2oi8