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5. The neighborhood is a mix of shoreline residential properties. Granting the <br />variance would not alter the character of the neighborhood. <br />6. Reasonable use of the property exists under the Ordinance with the garage located <br />outside of the side yard setback. <br />ROLL CALL VOTE: Mr. Habein, Aye; Ms. Brown, Aye; Mr. Derksen, Nay; Mr. <br />Williams, Nay; Mr. Hallan, Aye; Mr. Pederson, Aye. Motion Carried. Aye 4 -Nay 2. <br />APPLICANT: City of Pequot Lakes <br />Applicant requests an Ordinance Amendment on Non - Conformities <br />Mr. Marohn explained the Staff Report. The City Attorney recommended these <br />clarifications. <br />A motion was made by Mark Hallan, seconded by Bill Habein, to recommend the <br />following amendments: <br />Section 17 -4.4 NON - CONFORMING STRUCTURES AND USES <br />1. Any nonconformity, including the lawful use or occupation of land or <br />premises existing at the time of the adoption of an official control under this <br />chapter, may be continued, including through repair, replacement, restoration, <br />maintenance, or improvement, but not including expansion, unless: <br />A. the nonconformity or occupancy is discontinued for a period of <br />more than one year; or <br />B. any nonconforming use is destroyed by fire or other peril to the <br />extent of greater than 50 percent of its market value, and no <br />building permit has been applied for within 180 days of when the <br />property is damaged.. .,, <br />C. .,,.ere ,, par-eel is „ lufl4.,fily redeveloped to the extent that 500 ,. <br />area, more ef the feetpfifft building abeve the fiatmdatien, en the <br />> is removed, <br />must be edi fi .a to n f to the Or-d <br />in which case any Affiy subsequent use or occupancy of the land or <br />premises shall be a conforming use or occupancy. <br />Notwithstanding, the foregoing, any structure or use legally existing at the time of the <br />adoption of an official control under this Chapter and which does not conform to the <br />provisions of the Ordinance may be continued subject to the following: <br />3. No such structure or use shall be expanded, enlarged or intensified except <br />in conformity with the provisions of this Chapter with consideration for variances <br />Minutes <br />Pequot Lakes Planning Commission <br />March 18, 2010 <br />14 <br />