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1. Rezoning to Light Industrial is keeping with the purpose and intent of the Ordinance as it will be maintaining a land use district for the existing light industrial facility that exists on the property. 2. The surrounding properties are zoned Recreational, Open Space and Rural Residential. Recreational and Open Space are compatible with every district. 3. The property is not completely surrounded by residential zones however it is also not close to any Commercial, as is required by the Ordinance. It is also not near any Downtown Mixed -Use, Urban Residential or Transition Residential zones as it may also be established next to. 4. The rezoning to Light Industrial meets the lot, use, and density requirements. All members voted "aye ". Motion carried. APPLICANT: Steve Caouette. Applicant requests a Variance to construct a basement under existing dwelling on non - conforming lot. Mr. Marohn explained the Staff Report. Applicant was present. The foundation is cracked and needs repair and applicant would like to add a walkout basement. Repair and replacement would be allowed without a Variance. The difficulty comes from the degree of fill and the expansion of the walkout that further increases into the lake setback. We are not finding a hardship to recommend approval of the walkout portion of the proj ect. Mr. Caouette stated they wouldn't be adding any impervious coverage to the property. They understand it is a non - conforming lot. They want to retire up here and need a basement for shelter and a basement would make it a much more livable home. The neighbors on each side have basements. He hopes the Planning Commission will let them proceed. Public comment: None. Mr. Habein stated in order to obtain an 8 foot walkout, according to the contours on the survey, applicant would need to excavate out almost 30 feet toward the lake. Mr. Marohn stated a substantial amount of excavating would take place; 30 feet would be fairly accurate. Mr. Hallan asked if the applicant could obtain an over the counter permit if they were not requesting the walkout basement. Mr. Marohn stated they could not as it would be an expansion of a non - conformity. The walkout portion is another component. Mr. Hallan stated that a foundation 5 feet deep to be below frost or 8 feet is not much more impact. Mr. Marohn stated that replacement of the foundation would be allowed, not more living space because of the non - conformity. Minutes Pequot Lakes Planning Commission August 20, 2009