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approximately 8 feet and this subdivision will also create an impervious coverage of 93•4 0 on proposed Tract B. 4. The io foot rear yard setback is unreasonable to apply to the subject property. The adjacent property(Tract A) contains a structure four feet from the rear wall of structure on the subject property. The rear yard of the subject properly is unbuildable due to the location of the structures on the subject property and adjacent property. 5. The rear yard of the subject property is not adjacent to an alley. 6. The proposed subdivision includes a six foot wide maintenance easement along the south and east sides of the existing principal structure. �. Most of proposed Tract A is served by municipal water and wastewater. It is believed the two units on the east end of the building are served by municipal water and a private SSTS.The applicant has signed a Winter Window Agreement ensuring a Compliance Inspection will be submitted or a design for a new SSTS. 8. The applicant has established that there are practical difficulties in complying with the Code. The existing structures on proposed Tract A make meeting the strict interpretation of the City Code impossible subdividing Tract B. 9. The deviation from the Code will still be in harmony with the general purposes and intent of the City Code and Comprehensive Plan. io.The variance will not create a land use not permitted in the Commercial zone. i1. The subject property is surrounded by Downtown Mixed Use development. The Variance will not alter the essential character of the locality of the subject property. i2. The variance does not appear to be for economic reasons alone and reasonable use of the property seems to exist under the Code. Planning Commission Direction: The Planning Commission can approve the Variance, deny the application, or table the request if additional information is needed. If the motion is for approval or denial, Findings of Fact should be cited. Staff Recommendation: We recommend that the application be approved with the following condition: 1. When the improvements to Rasmussen Road are complete with storm sewer,the property owner shall utilize the new storm sewer utility. 2. Parcel Identification Number 2901133ooLB000g shall be consolidated with Parcel Identification Number 29o11g3ooM00009. 3. The existing deck located on the east side of the principal structure on "Tract B" shall be modified so that it does not encroach "Tract A" OR an easement shall be prepared and filed for said encroachment. Pequot Lakes Staff Report 4(a)-5 April i9,2oi8