06.01 - Planning Commission Report

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The overall savings to the City with this amendment would be greater than strictly reducing the number of members from seven to five. The Planning Commission is recommending that in order to reduce costs, the attached ordinance amendment be approved. 2) Ordinance Amendment regarding Expansion /Replacement of Non- conforming Structures. City of Pequot Lakes, Applicant. Application 11-4036. The Zoning Ordinance allows property owners a one -time opportunity to expand a non - conforming structure up to 50% of the existing size (resulting structure can't be more than 2,500 sq. ft.) OR replace the structure with one of the exact same size /dimensions. The former is an exception to State Rules that allows a modest expansion to non - conforming structures without the need for a variance. The exception reduces costs and saves time for property owners who desire a simple expansion to a non - conforming structure. The City has previously determined that a property owner having a 2,500 sq. ft. structure is making "reasonable use" of their property, so a non - conforming structure may not be expanded (without a variance) if it is greater than that size. The Planning Commission considered removing the exception that allows property owners to expand non - conforming structures since it was put into place before changes in State Statutes allowed property owners to replace non- conforming structures. It was determined that it helps property owners in a reasonable matter, so the Planning Commission decided to keep the exception to the rule. The proposed amendment ensures the exception will not be abused. The proposed amendment would prevent property owners from expanding a non - conforming structure AND replacing the original structure. The proposed amendment uses a tiered system which determines how much a non - conforming structure can be expanded. With the amendment, the amount of area a non - conforming structure is allowed to be expanded is proportionate to the distance from the non - conforming structure to the required setback. In other words, the "more conforming" a structure, the more it will be able to be expanded. The resulting structure, regardless of which tier it is in, may not be greater than 2,500 sq. ft in total size (including decks, porches, patios and other projections). The Planning Commission is recommending the Ordinance Amendment be approved. I plan to be in attendance at your next meeting. If you have any questions please feel free to contact me. I can be reached by phone at (866) 900 -3o64 or by email at marohn(&communitygrowth net. Sincerely,